Theft, Fraud & Property Crimes

What is dealing in stolen property?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
Trafficking in property you knew or should have known was stolen — a second-degree felony, and more serious than the underlying theft.

Dealing in stolen property covers trafficking in, or endeavoring to traffic in, property that the person knew or should have known was stolen. It's a second-degree felony — more serious than most theft charges, including the theft that produced the property.

That inversion catches people. Someone who sold an item at a pawn shop can face greater exposure than the person who stole it.

The mental state is where these cases are fought. "Knew or should have known" is broader than actual knowledge, and the State builds it circumstantially — the price paid relative to value, the circumstances of the transaction, whether identifying marks were removed, and the person's dealings generally.

Pawn shop transactions generate a documentary record — identification, thumbprints, item descriptions — which is how many of these cases begin.

There's a related provision addressing the initiation or organization of theft for resale, which is more serious still.

Selling it can be worse than taking it. That's not intuitive, and it's true. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.