California PC Section 496 makes it a crime to knowingly purchase or sell stolen items. You can face specific charges even if someone else committed the original theft. Anyone facing this legal accusation must understand the required elements of proof and the available defenses.
Key Takeaways
- PC 496 requires proof of two elements beyond a reasonable doubt – you received stolen property and knew it was stolen.
- You do not need to physically touch stolen property to be charged – constructive possession through control of a space is sufficient.
- The same property cannot result in a conviction for both theft and receiving stolen property – only one or the other.
Possession of stolen goods does not instantly prove that you committed the theft itself. The law actually treats receiving stolen items and withholding them as distinct offenses. They carry serious consequences regardless of whether you committed the original theft.
Here is what the law requires and what defenses are available. Keep reading to learn about them.
What California Law Actually Requires
It is a crime to do the following with property that has been stolen or obtained through extortion under California PC Section 496(a):
- Buying
- Receiving
- Concealing
- Selling
- Withholding
- Aiding in any of the above
The premise of the charge is that you knew about the stolen status of the property. Prosecutors must prove two elements beyond a reasonable doubt to convict someone under PC 496:
Element 1 – Receiving or Concealing Stolen Property
The defendant did the following with stolen property:
- Bought
- Received
- Sold
- Concealed
- Withheld
- Aided in any of the above
Element 2 – Knowledge
The defendant knew that the property had been stolen or obtained through theft or extortion at the time of that act.
Both elements must be proven. Mere possession alone without proof of knowledge is not sufficient for a conviction.
What Counts as “Receiving” Stolen Property
A common misunderstanding is that you must physically hold or touch stolen property to be charged. California law defines “receiving” far more broadly than that.
Key facts about what qualifies as receiving stolen property:
- You receive property when you take possession and control of it. Physical contact is not required.
- Constructive possession counts. Having the right to control property is sufficient. Touching the property is not required.
- Storing someone else’s stolen property in your car or home can constitute receiving. You don’t even have to handle it directly.
- Joint possession is legally recognized. Two or more people can simultaneously possess the same stolen property.
- You may be charged even if you did not bring stolen property into a space you control. It only requires that you know about the stolen goods being present there.
How Property Is Determined to Be “Stolen”
Property is considered stolen under PC 496 if it was obtained through:
- Robbery
- Larceny
- Burglary
- Extortion
- Embezzlement
Misdemeanor versus Felony Charges
PC 496 is a wobbler offense. Prosecutors can charge it as either a misdemeanor or a felony. That depends mainly on the value of the property involved.
| Charge Level | Property Value or Circumstance |
Sentencing Exposure |
| Misdemeanor | Property valued at $950 or less in most cases | Up to 1 year in county jail and fines up to $1000 |
| Felony | Property valued above $950, or aggravating circumstances are involved | 16 months to 3 years in California state prison |
Table: Charges for Stealing Property
Additional consequences that apply regardless of charge level:
- A felony conviction results in a lifetime firearm ownership ban.
- Receiving stolen property is not a strike offense under California’s Three Strikes Law.
- A defendant ordered to county jail may be eligible for up to 50% credit off their sentence for good behavior.
- The property owner can bring a civil lawsuit seeking three times actual damages, along with attorney’s fees and court costs.
You cannot Be Convicted of Both Theft and receiving the Same Property
California law explicitly prohibits dual conviction for the same act. You can be prosecuted for the following:
- You will be charged with theft if you steal an item. Examples include grand theft auto under PC 487.
- You will be charged for receiving stolen property under PC 496.
You cannot get both charges for the same property.
Special Categories Under PC 496
California law creates more specific additional charges for certain categories of buyers and sellers:
Swap Meet Vendors and Merchandise Dealers [PC 496(b)]
Held to a “reasonable inquiry” standard. It is chargeable even without proof of actual knowledge if you fail to verify the seller’s legal right to the property.
Junk Metal and Secondhand Material Dealers [PC 496(a)]
Subject to similar reasonable inquiry obligations as with swap meet vendors and merchandise dealers.
Secondhand Book and Literary Material Dealers [PC 496(b)]
The same reasonable inquiry standard applies.
Motor Vehicle and Vessel Buyers [PC 496(d)]
This is a distinct statute that covers:
- Stolen vehicles
- Stolen trailers
- Stolen construction equipment
Electronics with Removed Serial Numbers [PC 537(e)]
You will get a separate charge for buying or selling devices with tampered identification.
Common Defenses to a PC 496 Charge
Several defenses can defeat a PC 496 charge entirely or result in a reduced charge:
- Lack of knowledge: You did not know or had no reason to know that the property was stolen.
- Lack of possession: Someone planted the property without your knowledge.
- Property valued under $950: Can reduce a felony charge to a misdemeanor.
- Intent to return the property: Negates the required criminal intent.
- Claim of right: A reasonable belief of having a legal right to the property.
- Insufficient evidence: Challenging the prosecution’s ability to prove knowledge beyond a reasonable doubt.
Why Early Legal Representation Matters
Prosecutors try to use circumstantial evidence. They argue that the defendant knew about the stolen status of the property. An experienced defense attorney can challenge that circumstantial case early. They can negotiate a reduction to a lesser charge. They can also seek dismissal if the evidence of actual knowledge is weak.
Contact DCD LAW immediately for a confidential case review if you are facing a charge for stealing property in California.
Frequently Asked Questions
1. Can I Be Charged With Receiving Stolen Property If I Bought It Online Without Seeing It In Person?
Yes. The method of acquisition does not change the legal analysis. An online purchase can still result in a PC 496 charge. The charge will apply if you knew or reasonably should have known that the item was stolen – especially if the price was suspiciously low or normal verification steps were avoided.
2. Does A Receiving Stolen Property Conviction Affect Immigration Status For Non-Citizens?
It can. PC 496 is generally not classified as a crime involving moral turpitude. But immigration consequences depend heavily on the specific facts of the case and any related charges. Consult a criminal defense attorney or an immigration attorney if you are a non-citizen facing this charge.
3. How Will Returning Stolen Goods To The Owner Prior To The Filing Of Formal Charges Impact My Case?
Returning property can support a defense argument and may influence prosecutorial discretion. But it does not automatically prevent charges from being filed. Knowingly receiving stolen property is an offense. Returning it afterward addresses the restitution but not the guilt.
4. Can A Prior Receiving Stolen Property Conviction Be Expunged In California?
Yes – in many cases. PC 496 convictions may be eligible for expungement under PC 1203.4 once probation is completed. Automatic sealing also applies under SB 731 of the California Clean Slate Act. It depends on the specific sentence and case history.
5. Does It Matter If I No Longer Have The Stolen Property When I Am Charged?
No. You can be charged based on having received, concealed, sold, or withheld the property at any point. The charges apply even if you no longer possess it at the time they are filed. The only requirement is that the prosecution must establish that you had it and knew it was stolen.
