Dealing in Stolen Property
Trafficking in, or endeavoring to traffic in, property known or reasonably believed to be stolen; a separate first-degree track applies when the defendant organized the theft and trafficked in the property.
Florida Statute
§ 812.019
Dealing in stolen property
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
The standard track covers trafficking or attempting to traffic in stolen property with actual or constructive knowledge. The higher track requires organizing the theft and trafficking in that property.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Trafficking or Endeavoring To Traffic
F.S. § 812.019(1)
Trafficking in, or endeavoring to traffic in, property the defendant knew or should have known was stolen.
Organizing Theft and Trafficking
F.S. § 812.019(2)
Initiating, organizing, planning, financing, directing, managing, or supervising the theft of property and trafficking in that stolen property.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1Conditional
Standard trafficking track — both components are required
The defendant trafficked in, or endeavored to traffic in, the property alleged.
Plain language: The defendant dealt with the property or tried to deal with it through a statutory trafficking method.
- Element 2Conditional
Standard trafficking track — both components are required
The defendant knew or should have known that the property alleged was stolen.
Plain language: The defendant actually knew, or the circumstances established that the defendant should have known, the property was stolen.
- Element 3Conditional
Organizing track — both components are required
For the organizing track, the defendant initiated, organized, planned, financed, directed, managed, or supervised the theft of the property alleged.
Plain language: The defendant had one of the listed organizing or management roles in the theft itself.
- Element 4Conditional
Organizing track — both components are required
For the organizing track, the defendant trafficked in the property alleged.
Plain language: After organizing the theft, the defendant trafficked in that stolen property.
Jury Instructions
Jury Instructions
Instruction 14.2
Dealing in Stolen Property (Fencing)
Florida Standard Jury Instruction for the trafficking or endeavoring-to-traffic track under F.S. § 812.019(1).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 14.3
Dealing in Stolen Property (Organizing)
Florida Standard Jury Instruction for the organizing-and-trafficking track under F.S. § 812.019(2).
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Traffic
Traffic means selling, transferring, distributing, dispensing, or otherwise disposing of property; or buying, receiving, possessing, obtaining control of, or using property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of it.
Stolen property
Stolen property is property that has been the subject of a criminally wrongful taking. It also includes property offered to a defendant as stolen property even if it was not actually stolen.
Additional Notes
Additional Notes
Quick Reference
The standard trafficking/fencing track is a second-degree felony. Confirm the trafficking conduct and facts showing the defendant knew or should have known the property was stolen.
Organizing Track
The first-degree track requires more than trafficking: the defendant must have initiated, organized, planned, financed, directed, managed, or supervised the theft and then trafficked in the stolen property.
Theft Distinction
When theft and dealing in stolen property concern the same property in one scheme or course of conduct, the standard jury instructions address whether the defendant is a common thief or a trafficker. Review the applicable instruction and charging facts.