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Q: Can I be charged with theft for unknowingly transporting stolen items?
I provide professional mover/transportation services and was contacted via text to transport items. I had no idea the items were stolen. Law enforcement has contacted me, but I have not been charged yet. Can I still be charged with theft under these circumstances?
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Lawyer Answer
A: A criminal statute must have an "intent element." The level of criminal intent varies in different criminal statutes, but some level of intent to do the prohibited act must be proven. For a person characterized by police as a "target," exposure to criminal liability might exist even where the "target" knows that they had zero criminal intent, even zero knowledge," of a prohibited act. Why? Police might believe that they have "evidence," perhaps "circumstantial evidence" that they can use to push an inference that the "target" did have knowledge or other criminal intent. Therefore, actual innocence alone is not a bar to facing a criminal charge. And as a result, it's important to consult a criminal defense lawyer, to explore ways to avoid creating more evidence (such as the mistake of talking to police), and other ways to reduce the risk of prosecution.
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