Penal Code § 496 PC - Receiving Stolen Property
1. What is Penal Code § 496 PC?
Penal Code § 496 PC Law Reads As Followed:
“Every person who 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 stolen or so obtained, or who conceals, sells, or withholds any property from the owner, knowing it to have been stolen or so obtained, shall be punished by imprisonment in the county jail for not more than one year, or in the state prison.”
2. What Are Examples of Penal Code § 496 PC?
Penal Code § 496 PC – Receiving Stolen Property – applies whenever someone knowingly buys, receives, conceals, or helps sell property that was stolen. Unlike theft, the person charged may not have stolen the property themselves but becomes criminally liable for handling stolen goods.
Here are some common examples of how PC § 496 PC violations can occur:
1. Purchasing Stolen Items
Buying merchandise, electronics, jewelry, or other valuables at an unusually low price, with knowledge or reasonable suspicion that the items were stolen, can result in charges. For example:
Buying a high-end smartphone from a stranger at a fraction of its retail value.
Purchasing designer handbags from a seller who clearly acquired them illegally.
2. Receiving or Storing Stolen Property
Even if you did not buy the property, knowingly accepting or holding stolen goods can constitute a violation:
Accepting a bicycle, tools, or electronics from someone you know stole them.
Storing stolen items in your home, garage, or vehicle to help someone hide them from law enforcement.
3. Assisting in Selling Stolen Property
Helping another person sell stolen items is also considered a violation of PC § 496 PC:
Acting as a middleman for stolen electronics, jewelry, or vehicles.
Posting stolen items online for sale while knowing they were stolen.
4. Handling Stolen Vehicles
Receiving, transporting, or concealing stolen vehicles is a common form of PC § 496 PC offense. Examples include:
Driving a car that was stolen by someone else, knowing it was stolen.
Helping hide a stolen vehicle or sell it to another buyer.
5. Receiving Stolen Cash or Valuables
Possession of stolen cash, checks, or other valuables, with knowledge of their stolen nature, also qualifies:
Accepting cash taken during a robbery or burglary.
Withholding money or property that belongs to someone else, knowing it was stolen.
Important Note: Even if someone claims they did not know the property was stolen, prosecutors may still argue that a reasonable person “should have known” it was stolen. This is known as willful blindness, and it can still lead to charges under PC § 496.
3. What are Common Defenses Against Penal Code § 496 PC?
Being charged with Penal Code § 496 PC – Receiving Stolen Property can carry serious consequences, including jail or prison time, fines, and a permanent criminal record. Fortunately, there are several legal defenses that an experienced criminal defense attorney can use to challenge the charges and protect your rights.
1. Lack of Knowledge
A key element of PC § 496 PC is knowing that the property was stolen. If the defendant genuinely did not know the property was stolen, or had no reason to suspect it, this can serve as a strong defense. Examples include:
Buying an item from a reputable seller without any signs of theft.
Accepting property as a gift without knowledge of its stolen origin.
2. Ownership Dispute
The prosecution must prove that the property belonged to someone else. If there is a dispute over ownership, or the property was rightfully in the defendant’s possession, this can be used as a defense. For example:
Receiving property that you legally purchased or were loaned.
Items taken from a family member or co-owner where consent was implied or given.
3. Entrapment or Coercion
If the defendant was tricked or coerced into receiving or holding stolen property, this may serve as a defense. Examples include:
Law enforcement or another party inducing the defendant to take stolen items.
Threats or pressure from another person compelling the defendant to conceal or handle stolen goods.
4. Insufficient Evidence
In some cases, prosecutors may fail to meet the burden of proof required for a conviction. Defense strategies here include:
Demonstrating that the defendant had no way of knowing the items were stolen.
Showing that the evidence linking the defendant to the stolen property is weak, circumstantial, or unreliable.
5. Lack of Intent to Permanently Withhold
While PC § 496 PC does not require the defendant to have stolen the property, there must still be intent to receive, sell, or conceal stolen property. If the defendant can show they intended to return the property or believed they had the legal right to possess it, this may serve as a defense.
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4. What are The Penalties for Violating Penal Code § 496 PC?
Penal Code § 496 PC – Receiving Stolen Property – is considered a serious crime in California. The penalties depend on the value of the stolen property, the defendant’s criminal history, and the circumstances of the offense. Violations can be charged either as a misdemeanor or a felony, each carrying distinct consequences.
1. Misdemeanor Penalties
If the value of the stolen property is relatively low, or the prosecution chooses to pursue a misdemeanor charge, the penalties may include:
Jail Time: Up to one year in county jail.
Fines: Up to $1,000, depending on the severity of the case.
Probation: Court-ordered supervision, which may include community service, restitution, or other conditions.
Misdemeanor charges are more common when the property is of modest value or the defendant has no prior criminal record.
2. Felony Penalties
Receiving stolen property can also be charged as a felony, particularly when the property is of high value, involves repeat offenses, or other aggravating circumstances. Felony convictions can carry:
State Prison Time: Typically 16 months, 2 years, or 3 years, depending on the value of the property and other factors.
Higher Fines: Fines can exceed $10,000, especially if multiple stolen items were involved.
Probation or Parole: In addition to prison time, defendants may be subject to supervised probation or parole conditions.
Felony charges can have long-term consequences, including a permanent criminal record, restrictions on employment, loss of professional licenses, and other collateral effects.
3. Additional Consequences
Beyond jail, prison, or fines, a conviction under PC § 496 PC can lead to:
Restitution: Courts often require defendants to repay the value of stolen property to the rightful owner.
Criminal Record: A conviction may impact employment, housing, and educational opportunities.
Legal Costs: Defending against a PC § 496 PC charge can be expensive without skilled legal representation.
5. What Are the Related Offenses To Penal Code § 496 PC?
Penal Code § 496 PC – Receiving Stolen Property – often intersects with other criminal offenses in California. Understanding these related offenses can help clarify the legal context and potential consequences if multiple charges are involved.
Petty theft involves the unlawful taking of property valued at $950 or less. Receiving stolen property can be closely related if the items in question were initially taken in a petty theft. For example:
Someone steals a bicycle worth $200 (petty theft) and sells it to another person who knowingly buys it (receiving stolen property).
Grand theft occurs when the stolen property is valued over $950 or involves certain high-value items, like vehicles or firearms. Receiving stolen property charges often arise when the items involved meet grand theft thresholds. Examples include:
Receiving a stolen car or expensive jewelry knowingly.
Handling stolen electronics or collectibles exceeding $950 in value.
Burglary involves unlawfully entering a building or property with the intent to commit theft or another crime. Receiving stolen property can be connected to burglary if the items were stolen during a break-in. Examples:
Purchasing items that were stolen from a home burglary.
Concealing stolen property obtained through illegal entry.
4. Possession of Stolen Vehicles (VC § 10851)
Vehicle theft is a common area where PC § 496 PC overlaps with California Vehicle Code violations:
Driving, selling, or hiding a stolen car or motorcycle while knowing it was stolen can lead to charges under both VC § 10851 and PC § 496 PC.
5. Burglary Tools or Aiding and Abetting
Sometimes, receiving stolen property is connected to possession of burglary tools or aiding and abetting theft. This can occur if a person assists someone in stealing property or provides tools, transportation, or storage for stolen items.
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