Practice question
A dealer argues that he cannot commit fencing because he did not help plan or carry out the theft. Does that argument alone defeat the charge?
- Yes; participation in the theft is always required.
- Yes; only the thief can be a fence.
- Yes; fencing requires a prior conspiracy with the thief.
- Yes; every dealer is exempt.
- No; fencing does not require participation as principal or accomplice in the predicate theft.
Legal references
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/67508 — Lopez v. People, April 28, 2021, main opinion, elements of fencing.
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