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36. Can the woman properly be convicted of attempting to receive stolen property?
The woman paid the agents. She told them that she did not want to take possession of the bag and that instead they should deliver it to her friend waiting in a car across the street. The agents, after delivering the bag to the woman's friend, arrested both the woman and her friend.
A woman agreed to purchase 1,000 tablets of a prescription drug from undercover narcotics agents. The agents told the woman that they would steal the drugs from a pharmacy. The next day, the agents met the woman and told her that they had the tablets in a bag. The bag did in fact contain tablets of the drug, but the agents had not stolen the tablets.
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A is incorrect. The woman cannot establish the affirmative defense of entrapment because the facts do not suggest that the agents induced the woman to commit an offense that she otherwise would have been unlikely or unwilling to commit.
B is incorrect. A person can be guilty of attempt even though the circumstances are not what the person believes them to be. Thus, the fact that the drugs were not stolen property is irrelevant.
C is incorrect. The woman constructively possessed the drugs by directing or controlling the agents' disposition of them. Therefore, although the woman never had actual possession of the drugs, a reasonable jury could find the woman guilty of attempting to receive stolen property.