Receiving Stolen Property Elements - California Law
Under section 496, subdivision (a), the elements of receiving stolen property are:
(1) stolen property;
(2) knowledge that the property was stolen;
(3) possession of the stolen property. (People v. Land (1994) 30 Cal. App. 4th 220, 223 [35 Cal. Rptr. 2d 544].)
Section 496, subdivision (a) provides:
"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 state prison, or in a county jail for not more than one year. However, if the district attorney or the grand jury determines that this action would be in the interests of justice, the district attorney or the grand jury, as the case may be, may, if the value of the property does not exceed four hundred dollars ($ 400), specify in the accusatory pleading that the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year. 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."