Arrested for Buying Stolen Property on Facebook Marketplace or Pawn Shops in South Carolina
Under South Carolina law, you can be charged with receiving stolen goods if you knew, or reasonably should have known, that the item was stolen. Penalties depend on value: goods valued between $2,000 and $10,000 carry misdemeanor penalties of up to 3 years, while values of $10,000 or more trigger felony charges carrying up to 10 years in prison.
Online marketplaces like Facebook Marketplace, Craigslist, and OfferUp have made it incredibly easy to find great deals on electronics, tools, and jewelry. However, this convenience comes with a massive legal risk. Purchasing stolen property-even if you did not physically steal it yourself-is a serious crime in South Carolina. Law enforcement agencies actively monitor online platforms and local pawn shops to track down stolen merchandise. If you find yourself holding the bag and facing charges at the Horry County General Sessions Court, Conway or the Florence County General Sessions Court, Florence, you need immediate legal representation. You can use our directory to find a dedicated South Carolina defense attorney to help clear your name.
The Legal Standard for Receiving Stolen Goods
In South Carolina, the crime of receiving stolen goods is defined under S.C. Code § 16-13-180. To convict you, the state prosecutor must prove three specific elements: first, that the property was actually stolen; second, that you bought, received, or possessed the property; and third, that you knew or had reason to believe the property was stolen. This third element-"knowledge"-is where most legal battles are fought. The state rarely has a recorded confession of you admitting you knew it was stolen. Instead, they rely on "constructive knowledge." Legal precedents, such as State v. Williams, 350 S.C. 172 (SC Court of Appeals 2002), dictate that a jury can infer your guilty knowledge based on the circumstances surrounding the purchase.
Unreasonably Low Prices as Evidence
The most common way police prove that you "should have known" an item was stolen is by looking at the price you paid. If a stranger sells you a brand-new $2,500 MacBook Pro out of the trunk of their car for $200 in a gas station parking lot at midnight, the police and a jury will logically conclude that you knew it was stolen. However, if you bought a used bicycle for $100 that usually retails for $150, your defense attorney can forcefully argue that the transaction appeared entirely legitimate and you had no criminal intent.
Online Marketplace Sting Operations
Police departments across South Carolina routinely conduct sting operations. They may set up fake profiles on Facebook Marketplace selling known stolen goods to see who will buy them, or conversely, they pose as buyers to arrest individuals fencing stolen items. If you are caught in a sting, it is critical not to speak to the police without a lawyer. Any attempt to explain away the purchase will likely be used against you. Your lawyer can later challenge the sting operation's methods and demand all digital evidence, including IP addresses and message logs.
Pawn Shop Reporting Systems (LeadsOnline)
If you bought stolen goods and later tried to pawn them for quick cash, you will almost certainly be caught. Pawn shops in South Carolina are required by law to upload daily transaction records to a centralized database called LeadsOnline, which is monitored by agencies like the South Carolina Law Enforcement Division, Columbia. When a victim reports a serial number stolen, the system instantly flags it at the pawn shop. Because pawn shops require your state ID and fingerprint, the police will issue a warrant for your arrest. In these cases, an attorney can help prove that you were the original unwitting buyer, not the actual thief.
Defending Against Receipt of Stolen Firearms
While buying a stolen laptop is bad, buying a stolen firearm is a nightmare. Under S.C. Code § 16-23-30, the theft of a firearm, or receiving a stolen firearm, is treated with extreme severity regardless of the gun's monetary value. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) may also get involved, leading to potential federal charges. If you are found in possession of a stolen gun, you will face aggressive prosecution. A skilled defense lawyer is essential to challenge the search and seizure methods used by police to find the weapon.
Penalties Based on Item Value
| Value of Stolen Goods | Legal Classification | Maximum SC Penalty |
|---|---|---|
| Under $2,000 | Misdemeanor | 30 Days in Jail or $1,000 Fine |
| $2,000 to $10,000 | Misdemeanor | Up to 3 Years in Prison and/or Fine of at Least $1,000 |
| Over $10,000 | Felony | 10 Years in Prison |
| Firearms (Any Value) | Felony | Up to 5 Years |
Frequently Asked Questions (FAQ)
What should I do if police find stolen property in my house?
You should immediately invoke your right to remain silent and ask for an attorney. Do not attempt to explain where you got the items, as your statements can be twisted to suggest you knew they were stolen.
Can the charge be dismissed if I return the property?
Voluntarily returning the property does not automatically erase the criminal charge, but it is a strong mitigating factor. Your attorney can use this to negotiate with the prosecutor for a dismissal or a reduction in charges.
Will this go on my permanent criminal record?
Yes, a conviction for receiving stolen goods is a crime of moral turpitude that stays on your record. However, if the charge is dismissed or you complete a pre-trial intervention program, a lawyer can file a Form SCCA 223, South Carolina, Court Administration, Expungement Order to erase it.
How do police prove the item is actually stolen?
Prosecutors rely on serial numbers, unique identifiers, and victim testimony. If the victim cannot definitively identify the item as theirs (e.g., a generic unmarked lawnmower), the state's case becomes very weak.
Can I sue the person who sold me the stolen goods?
Yes. If you can locate the seller, you can file a civil lawsuit in magistrate or civil court to recover the money you paid them, as selling stolen property constitutes fraud and breach of contract.
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