Last Updated on July 2, 2025
Most people agree that stealing is wrong, but taking ownership of something you know has been stolen can be a legal gray area. Whether the matter is ethical or not typically comes down to whether or not the individual taking the item knows if it was stolen. The law considers the issue similarly, which is why, under California Penal Code section 496 (PC), for someone to be convicted of receiving stolen property, they must have known the item was taken from the original owner using theft or extortion. This distinction can make all the difference in fighting these allegations.
What Does Receiving Stolen Property Mean?
Obviously, stolen property is something taken from the rightful owner through theft or extortion, but “receiving” can be a vague term. Under 496 (PC), “receiving” covers not only buying, selling, or accepting the property but also, withholding or concealing the item from the owner is also a criminal act. No matter what type of behavior the individual accused of, they must have known that the property was stolen or they did not violate the law.
Different subsections of 496 (PC) apply to specific individuals who are more likely to sell or receive stolen property. These subsections include:
- Dealers of raw materials, including scrap metal, are covered under 496(a) (PC)
- Sellers of second-hand property, including antique store owners, second-hand booksellers, and swap meet vendors, are covered under 496(b) (PC)
- Those buying vehicles, trailers, construction equipment, or vessels are covered in 496(d)(a) (PC)
Proving Property Was Stolen
The problem with saying that a person must know that something is stolen for them to be guilty, is that it is difficult to prove the individual knew something was stolen. Sure, if you see someone pull something off the back of a truck when no one is looking, and then they sell it or give it to you, it would be hard to argue that you had no reason to believe the item was stolen, but that is a rare situation. Even if that were to happen, an attorney could reasonably argue that you thought the person selling it to you was the owner of a company selling the product.
Is Receiving Stolen Property a Felony?
In California, receiving, acquiring, or being in possession of stolen property can be charged as a misdemeanor or a felony under 496 (PC). The value of the stolen property is used to determine the level of the charges, so offenses involving under $950 worth of items are misdemeanors, whereas those valued above that are felonies. When more than one item is involved in the offense, the charge can only be applied once, but the total value of all items will be used to determine the severity of the charges.
It does not matter how many prior convictions the individual has on their record.
What is the Penalty for Receiving Stolen Property in California?
As a misdemeanor, this crime is punishable by up to one year in county jail, but as a felony, you can be sentenced to up to three years in state prison. The sentence can be increased more if the property is above $50,000. For example, when the items are valued between $200,000 and $1,000,000, the penalty goes up by 2 more years in prison.
Many of those convicted will be given probation, which will allow them to stay out of jail or prison.
Defending Against These Charges
Suppose you buy a laptop off of Offerup with a scratched-off serial number. You might not immediately recognize that it was stolen, especially if the person who sells it to you provides a reasonable explanation for why the numbers were removed.
A skilled criminal attorney can help you prove that you had no reason to believe the item was stolen, but to best protect your rights, call a lawyer as soon as you are arrested. Always refuse to speak to police without an attorney present, or you may say something that will hurt your case later. “Most of the time, receiving stolen property charges are successfully proven,” says attorney Peter Liss, “it’s because the suspect said something to the police to confirm their guilt.”
Another strong defense lies in making the prosecution prove you actually had the property. You did not violate the law if the item was never truly in your possession.
In some cases, even if there is evidence you knew the property was stolen, you may be able to defend yourself by arguing that you intended to return the items to the rightful owner. “Successfully arguing this applies to your situation can sometimes be challenging,” warns Liss, “especially if you were caught selling the property or withholding it from the rightful owner —so do not attempt this defense without your lawyer.”
If there is sufficient evidence to prove that you knew the item was stolen, your attorney may be able to negotiate a plea bargain to minimize the sentence you will receive. Alternatively, you may qualify for a diversion program, which will allow you to avoid jail time and keep the offense off of your criminal record.
Related Charges
Those accused of receiving stolen property may also face charges under 490.4 (PC) if they are believed to be part of an organized theft ring. Additionally, those who buy or sell computers, electronics, and appliances with removed serial numbers may also face charges under 537(e)(a) (PC). Those accused of selling stolen catalytic converters may also face charges under the more recent laws detailed under 10852.5 (VC) and 21610 (BPC).
An individual cannot be charged with stealing and receiving the same item. So, for example, if someone is found in a stolen car, they can be charged with joyriding, grand theft auto, and 496 (PC), but they can be convicted of only one of these charges.
If you have been accused of receiving stolen property under 496 (PC), please call criminal defense lawyer Peter M. Liss at (760) 643-4050 to schedule a free consultation. Do not speak to the police unless your attorney is present.
