What Is Receiving Stolen Property in California?

California Code

California Penal Code (CPC) Section 496(a) defines receiving stolen property in California. This law states that receiving stolen property is when a person “buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained.” The same law states that it is also receiving stolen property when a person “conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained.” The element of knowledge is clear in California law, just as it was in common law. 

Criminal Elements

The elements of a crime in the California Penal Code can be found in its respective California Jury Instruction. For CPC 496(a), receiving stolen property, that is CALCRIM No. 1750.  The instruction outlines the elements of the crime as: 

1. “The defendant bought, received, sold, aided in selling, concealed or withheld from its owner (or aided in concealing or withholding from its owner) property that had been stolen or obtained by extortion; 

and

2. When the defendant bought, received, sold, aided in selling, concealed or withheld from its owner (or aided in concealing or withholding from its owner) the property, the defendant knew that the property had been stolen or obtained by extortion.”

Therefore, the main elements are receipt of the property and the knowledge that it had been obtained through stealing. The instructions clarify that receiving property means having possession and control of the property, rather than mere proximity or access. Additionally, “it is enough if the person has control over it (or the right to control it), either personally or through another person.” (CALCRIM No. 1750) The instructions add that property is considered stolen when “it was obtained by any type of theft, burglary, or robbery” (including embezzlement, extortion, and more). To learn more, you may visit our articles on embezzlement, extortion, theft, robbery, and burglary. 

Sentencing

Receiving stolen property is a “wobbler” offense in California, which means it can be prosecuted as a misdemeanor or felony. Sentencing for felony charges is harsher than sentencing for misdemeanors. Certain aggravating factors (such as the victim being vulnerable (e.g., elderly, young, or having a disability)), can also increase sentencing. If the victim is the government, sentencing is increased.

Whether the receiving stolen property charge is a misdemeanor or felony will depend on the circumstances of the offense, including the value of the property and the defendant’s criminal history. If the value of the property is over $950, then the charge is more likely to be a felony.

The typical sentence for the misdemeanor charge is up to a year in county jail and/or fines. For the felony charge, the sentence is between 16 months to three years in county jail or state prison and/or a fine. 

 To learn more about state sentencing, visit this article on our website. 

Summary 

In sum, this is a broad overview of receiving stolen property in common law and California’s state law. However, there are distinctions to every case.