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Criminal Liability for Stealing & Receiving Stolen Property

By Neil Shous, Esq.

California Penal Code 496 defines Receiving Stolen Property as purchasing or otherwise taking possession of items you know to be stolen. As a general rule, this means someone else actually stole the goods and you subsequently received them. The original thief received stolen goods too when he stole them but he can't be charged with both the original theft and receiving stolen property. Otherwise Penal Code 496 could tag along with practically any theft charge. However, California law allows one exception. This happens when a person steals an automobile and is later caught driving it. Under the case of People v Garza (35 Cal. 4th 866), this person can be charged with both Receiving Stolen Property and California automobile theft under Vehicle Code 10851...continue to full post

Full post as published by California Criminal Defense Blog on July 24, 2009 (boomark / email).