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qid 1181 · law

Question: Knowing that a homeowner was away on vacation, two men decided to burglarize her home. Since they didn't have a car, the men asked the defendant to drive them to the home. The two men did not tell the defendant what they intended to do there. The defendant drove them to the house. While the defendant waited in the car, the two men entered the home by using a master key to unlock the front door. They then stole several items of expensive jewelry from the bedroom. Concealing the jewelry in their pockets, they left the house and got back into the defendant's car. Unaware of the theft, the defendant drove the two men back to their apartments. The next day, the two men pawned the jewelry for $5,000. Two weeks later, the two men gave the defendant $500 and told him for the first time about the burglary. The defendant kept the money and did not report the theft to the police. If the defendant is subsequently prosecuted, he should be found

  1. guilty of aiding and abetting a burglary but not guilty of receiving stolen property.
  2. not guilty of receiving stolen property but guilty of aiding and abetting a burglary.
  3. guilty of receiving stolen property but not guilty of aiding and abetting a burglary.
  4. guilty of burglary, receiving stolen property, and aiding and abetting a burglary.
  5. guilty of aiding and abetting a burglary and of receiving stolen property.
  6. guilty of burglary and of receiving stolen property.
  7. guilty of burglary but not guilty of receiving stolen property.
  8. not guilty of either burglary or receiving stolen property.
  9. not guilty of burglary but guilty of aiding and abetting a burglary.

Our answer: H. not guilty of either burglary or receiving stolen property. Source quote machine-checked (at mint)

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How it was answered

Stored formula / worked method, replayed by code

Criminal law. Two separate offenses charged against one actor on one set of facts: accomplice liability for a burglary, and receiving stolen property. Each has its own elements and each must be tested separately.

card: formula · card sha256 22ddf48b23b994ca…

Current source

2 Wayne R. LaFave, Substantive Criminal Law Section 20.2, Receiving Stolen Property (2d ed. 2003), Thomson/West -- section number and title verified against the treatise's own table of contents in archive.org full text, items substantivecrimi0001lafa and substantivecrimi0002lafa, which print "20.2 Receiving Stolen Property ... 155".

Source weak (edition_page)

retrieved 2026-09-16T22:14:06.748Z

addendum formula_qid1181.formula_ADDENDUM_source · sha256 f51fc0d0c627bd07…

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