fence

fence, n.

1. A person who receives stolen goods.

— Also termed (historically) intaker. [Cases: Receiving Stolen Goods

4. C.J.S. Receiving or Transferring Stolen Goods and Related Offenses §§ 4, 6–7, 12.]

“The receivers of stolen goods almost never ‘know’ that they have been stolen, in the sense that they could testify to it in a courtroom. The business could not be so conducted, for those who sell the goods — the ‘fences’ — must keep up a more respectable front than is generally possible for the thieves.” United States v. Werner, 160 F.2d 438, 441–42 (2d Cir. 1947).

“The typical ‘fence’ takes over the stolen property and pays the thief a price. He purports to ‘buy’ the goods from the thief.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 395 (3d ed. 1982).

2. A place where stolen goods are sold. See RECEIVING STOLEN PROPERTY.

3. LAWFUL FENCE.

4. Scots law. The formal warning to not interrupt or obstruct judicial or legislative proceedings.

5. Scots law. A penalty of forfeiture prescribed in a statute or a contract.

fence, vb.

1. To sell (stolen property) to a fence.

2. Scots law. To open (a legislative or judicial sitting) by warning persons against obstructing or interrupting the legislature or court.

3. Scots law. To threaten with forfeiture as a consequence of violating a law or breaching a contractual promise.


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