1. Shall a merchant who although unaware of the legal status of goods s/he has purchased, be deemed responsible for receiving stolen goods?;
2. Shall a merchant be held responsible for aiding and abetting vandalism and breaking and entering although s/he committed no acts of destruction?;
3. Shall a merchant who unknowingly helps in the appropriation of stolen goods be deemed guilty of larceny?
1. Yes. Charges that are brought are tantamount to a summation of the facts as the arresting officer or complainant offers them. In TITLE 11 of Rhode Island=s Criminal Offenses, CHAPTER 11 41 under Theft, Embezzlement, False Pretenses, and Misappropriation, in SECTION 11 41 2, the law reads A Receiving stolen goods. B Every person who shall fraudulently receive any stolen money, goods, securities, chattels, or other property, knowing it to be stolen shall be deemed guilty of larceny, although the person who stole the same may not have been prosecuted or convicted therefore; and the possession of any such stolen property shall be evidence of guilty knowledge by the person having possession that the property was stolen, except the person shows that it was acquired in the due course of trade and for adequate consideration (TITLE 11 Criminal Offenses, CHAPTER 11 41).@
2. No. According to Rhode Island Criminal Offenses Code CHAPTER 11 8, under Burglary and Breaking and Entering, in ' 11 8 1.1 Attempted breaking and entering. B (a) Whoever attempts to commit the breaking and entering of any structure as set out in '' 11 8 2, 11 8 2.1, 11 8 2.2, 11 8 2.3, 11 8 3, 11 8 4 or 11 8 5.1 by doing any overt act toward the commission of such offense while in the curtilage of said structure, but fails in its perpetration, shall, unless otherwise provided, suffer the same punishment which might have been imposed if the offense attempted had been committed. (b) An overt act is defined as any act of an individual by which the individual physic...