Penal Code § 496 PC – Receiving Stolen Property – California Law

California Penal Code § 496 PC defines receiving stolen property as buying, receiving, concealing, selling or withholding any property you know to have been obtained through theft or extortion. Receiving stolen property is a wobbler in California, meaning it can be either a misdemeanor carrying up to one year in jail or a felony carrying up to three years in jail.

Five key things to know about PC 496 are:

1. The judge can grant you probation instead of jail.
2. Examples of receiving stolen property are helping a friend hide jewelry that was stolen from a store, buying a cell phone while knowing that it was taken from someone else, or selling “hot” goods on eBay.
3. Typical defenses to California theft charges are you had no knowledge that the goods were taken, you had innocent intent, and/or you did not “receive” the taken items.
4. Non-citizens convicted of receiving stolen property face deportation from the U.S., even as a misdemeanor.
5. You can get PC 496 convictions expunged once you successfully complete the sentence.

Our California criminal defense attorneys will discuss the following in this article:

• 1. When is the receipt of stolen property a crime?
• 2. Are there legal defenses to 496 PC?
• 3. What are the penalties?
• 4. Are there immigration consequences?
• 5. Can I get a conviction expunged?
• 6. Does a conviction affect gun rights?
• 7. Full text of the statute
• 8. Are there related offenses?

1. When is the receipt of stolen property a crime?

Many theft offenses focus on the perpetrator who actually takes or steals another person’s property. Penal Code 496 PC is the California statute that makes it a crime knowingly to receive the stolen property. ¹

A prosecutor must prove the following to convict you of this offense:

1. you bought, received, sold or aided in selling, concealed or withheld property that had been stolen from another, and
2. when you did so, you knew that the goods had been stolen or obtained by extortion.²

1.1. Meaning of “stolen” and “extortion”

Property is stolen if it was obtained by:

• any theft (such as larceny or embezzlement),
• burglary, per Penal Code 459 PC, or
• robbery, per Penal Code 211 PC.³

Property is obtained by extortion, per Penal Code 518 PC, if:

1. you obtained the goods with a person’s consent, and
2. that person’s consent was obtained through the use of force or fear.⁴

1.2. Meaning of “receive”

To receive property means to take possession and control of it.⁵

Note that you do not have to be the sole possessor of the items. Two or more people can possess the items at the same time.⁶

Also note that you can “possess” items without actually:

• holding them, or
• touching them.

The concept of “constructive possession” basically says that you possess goods if you have:

• control over them, or
• the right to control them.⁷

Example: Susan steals some jewelry from a store. She takes it to her neighbor’s house – Michael and Kim. Susan offers Michael $200 to let her bury the goods in his yard to hide it. He agrees but he never touches the jewelry or holds it. Susan buries the gems.

Here, Michael is guilty of receiving stolen property. While he never “possessed” the jewelry, he had the right to control it since it was in his yard. Kim can even be guilty of the same offense if Michael told her about it. Two people can co-possess goods at the same time.

1.3. Meaning of “knowledge that property was stolen”

You are only guilty under this statute if, when you “received” items, you knew it to be stolen.⁸

Note that certain categories of business owners can be convicted under this statute even if the prosecutor cannot prove that they actually knew the goods were stolen.

For example, swap meet vendors and people whose primary business is dealing with or collecting merchandise or personal goods can be convicted of receiving stolen property if:

1. they acquired the goods and should have had reason to suspect they were stolen, and
2. they failed to inquire into whether the goods were actually stolen.⁹

2. Are there legal defenses to 496 PC?

Here at Shouse Law Group, we have represented literally thousands of clients accused of theft crimes such as receipt of stolen property. In our experience, the following four defenses are very effective with prosecutors, judges, and juries:

1. You had no knowledge the goods were stolen,
2. You intended to return the goods (“innocent intent”),
3. You never received the property, and/or
4. You received the property by accident.

In any case, the prosecution needs to prove guilt beyond a reasonable doubt through direct and/or circumstantial evidence. Typical evidence includes surveillance video, eyewitnesses, and serial numbers.

2.1. You had no knowledge the goods were stolen

Recall that you are only guilty under this code section if you knew that the goods involved were in fact stolen. This means it is always a defense to say that you did not have this knowledge.

2.2. You intended to return the goods (“innocent intent”)

An “innocent intent” defense says that you are innocent under PC 496 if:

• at the time you received the stolen items,
• you intended to return them to the owner or bring them to law enforcement.

Example: Roman owns a car shop. A woman comes to him and tells him she wants to sell him a stolen SUV. Roman is offended and wants to try and bust the woman. He buys the car and then takes it to the police. Here, Roman is not guilty of receiving stolen items because he had an “innocent intent.”

Note, though, that this defense only applies if you:

1. intended to return the items at the time you received them, and
2. did not later change your mind.¹⁰

2.3. You never received the property

Recall that you must “receive” stolen items to be guilty under this law. Therefore, you committed no crime as long as the D.A. cannot prove that you ever possessed or had control over the items in question.

2.4. You received the property by accident

The central element to PC 496 charges is that you intended to possess stolen property. If you came to possess the property by accident, then you committed no crime. For example, perhaps someone planted the property on you or left it in your home or office without your knowledge.

3. What are the penalties?

A violation of Penal Code 496 is charged as a wobbler offense. A wobbler is a crime that a prosecutor can charge as either:

• a misdemeanor, or
• a felony.

If charged as a misdemeanor, the crime is punishable by:

• misdemeanor (or summary) probation,
• custody in county jail for up to one year, and/or
• a maximum fine of $1,000.¹¹

If charged as a felony, the offense is punishable by:

• felony (or formal) probation,
• imprisonment in county jail for up to three years, and/or
• a maximum fine of $10,000.¹²

In summary, violating PC 496 carries:

Misdemeanor receipt of stolen goods	Misdemeanor probation or up to 1 year in jail, and/or up to $1,000.
Felony receipt of stolen goods	Felony probation or 16 months, 2 years, or 3 years in jail, and/or Up to $10,000.

Note, though, that a violation of this statute is only charged as a misdemeanor if the total value of the property involved in the charge is $950 or less. It does not matter whether the violation was a first offense or a subsequent offense.¹³

Also note that victims may be entitled to collect three times the amount of their damages plus attorney fees and costs.

3.1. Does each piece of stolen property trigger a separate charge?

No. If you allegedly receive more than one piece of stolen property through a single transaction, you face only one PC 496 charge for that transaction.

Note that you cannot be convicted of both stealing property and also receiving the same stolen property: You can be convicted of only one or the other pursuant to double jeopardy laws.

4. Are there immigration consequences?

A conviction of receiving stolen property will have negative immigration consequences because it is considered a “crime involving moral turpitude.”

This type of crime can result in you being either:

• deported, or
• marked as inadmissible.

5. Can I get a conviction expunged?

You can get a “receiving stolen property” conviction expunged if you successfully complete probation or serve the entire jail term. If you violate a probation term, a judge may still award expungement.

Penal Code 1203.4 PC says an expungement releases you from many of the hardships arising out of the conviction.¹⁴

6. Does a conviction affect gun rights?

If you are convicted of felony receipt of stolen goods, then you will lose your gun rights. California law prohibits convicted felons from either:

• purchasing a gun,
• owning a gun, or
• possessing a gun.

7. Full text of the statute

The language of the code section reads as follows:

Penal Code 496. Receiving or concealing stolen property; Duty of swap meet vendor or personal property dealer or collector to make reasonable inquiry; Action for damages; Attempts

(a) 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 so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, if the value of the property does not exceed nine hundred fifty dollars ($950), the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if such person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.

A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property.

(b) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170.

Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor.

(c) Any person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney’s fees.

(d) Notwithstanding Section 664, any attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

8. Are there related offenses?

8.1. Embezzlement – PC 503

Penal Code 503 PC is the California statute defining the embezzlement offense. This code section makes it a crime to take goods that someone has entrusted to you unlawfully.

The focus with embezzlement is not on receiving goods. This is because the crime requires “the victim” to entrust items to you.

8.2. Extortion – PC 518

Per Penal Code 518 PC, extortion occurs when you do any of the following:

1. use force or threats to compel another person to give you money or other items, or
2. use force or threats to compel a public officer to perform an official act.

Extortion is a more aggressive crime than receiving stolen goods. This is because the offense involves using force or threats against another.

8.3. Theft/appropriation of lost property – PC 485

Penal Code 485 PC is California’s law against appropriating (or misappropriating) lost goods. The law prohibits you from:

• keeping goods that you find
• when there are clues that identify its true owner.

This crime burdens you to find the owner of a lost good.

8.4. Robbery – PC 211

Penal Code 211 PC defines robbery as using force or threats to take property directly from another person and against their will. Because it involves physical force or threats, it is always a felony.

8.5. Burglary – PC 459

Penal Code 459 PC defines burglary as entering a residential or commercial structure or locked vehicle with the intent to commit either grand larceny, petit larceny, or any felony. It does not matter if there was no forced entry.

8.6. Petty theft – PC 484

Penal Code 484 PC is California’s petty larceny law. It is defined as stealing $950 or less worth of personal property, real property, money, or labor.

8.7. Grand theft – PC 487

Penal Code 487 PC is California’s grand larceny law. It is defined as stealing more than $950 worth of personal property, real property, money, or labor.

8.8. Grand theft auto – PC 487(d)(1)

Penal Code 487(d)(1) PC makes it a crime to steal another person’s vehicle (worth more than $950) with the intent to deprive the true owner of the vehicle. It can be a felony or a misdemeanor.

8.9. Receiving stolen junk metal – PC 496a

Penal Code 496a PC makes it a crime for dealers in or collectors of junk, metals, or secondhand materials to buy or receive any wire, cable, copper, lead, solder, mercury, iron, or brass which they know is ordinarily used by a railroad or other transportation, telephone, telegraph, or other public utility service without using due diligence to ascertain that the person selling or delivering the same has a legal right to do so.

8.10. Receiving stolen secondhand books – PC 496b

Penal Code 496b PC makes it a crime for dealers in or collectors of second-hand books or other literary material to buy or receive any book, manuscript, map, chart, or other work of literature, belonging to, and bearing any mark or indicia of ownership by a public or incorporated library, college or university, without ascertaining by diligent inquiry that the person selling or delivering the same has a legal right to do so.

8.11. Receiving stolen vehicles – PC 496d

Penal Code 496d PC makes it a crime to buy or receive a vehicle you know is stolen. Similar to receiving stolen property, receiving a stolen vehicle can be a felony or a misdemeanor.

8.12. Buying/selling equipment with removed serial numbers – PC 537e

Penal Code 537e PC makes it a crime to knowingly buy, sell, receive, conceal or possess any personal property from which the manufacturer’s serial number, identification number, electronic serial number, or any other distinguishing number or identification mark has been removed, defaced, covered, altered, or destroyed.

Laws in other states

Facing charges in Nevada or Colorado? See our articles on:

• “Nevada ‘Possession of Stolen Property’ Laws (NRS 205.275),” and
• “Theft by Receiving Stolen Property (Colorado 18-4-404 C.R.S.)”

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