(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.
Notes of Decisions
Castillo-Cruz v. Holder, 581 F.3d 1154 (9th Cir. 2009).
· cites it 7× “The Notice to Appear also alleged that he had been convicted of possession of stolen property in violation of Cal.Penal Code § 496 in April 1990. Castillo-Cruz admitted the allegations in his Notice to Appear and conceded removability, but sought cancellation of removal under 8…”
Verdugo-Gonzalez v. Holder, 581 F.3d 1059 (9th Cir. 2009).
· cites it 5× “He was convicted in 2004 for felony receipt of stolen property in violation of California Penal Code section 496(a) and was sentenced to serve sixteen months in prison.”
People v. Jones, 95 Cal. Daily Op. Serv. 2424 (Cal. Ct. App. 1995).
· cites it 10× “Code, § 459, count I), two counts of possession of stolen property (Pen. Code, § 496, counts II and III), being under the influence of a controlled substance (Health & Saf.”
Bell v. Feibush, 212 Cal. App. 4th 1041 (Cal. Ct. App. 2013).
· cites it 4× “Introduction Penal Code section 496, subdivision (a) (section 496(a)) makes receiving or buying property “that has been obtained in any manner constituting theft” a criminal offense punishable by imprisonment.”
City of Atascadero v. Merill Lynch, Pierce, Fenner & Smith, Inc., 80 Cal. Rptr. 2d 329 (Cal. Ct. App. 1999).
· cites it 3× “Like the earlier complaint, this alleges causes of action for fraud and deceit, conspiracy to defraud, negligent misrepresentation, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, civil liability for receiving *458 stolen property (Pen. Code, § 496), and…”
Williams v. Superior Court, 458 P.2d 987 (Cal. 1969).
· cites it 8× “Code, § 995) was denied, and he here seeks a writ of prohibition to restrain further proceedings in the superior court (Pen. Code, § 999a).”
Bravo v. City of Santa Maria, 665 F.3d 1076 (9th Cir. 2011).
· cites it 2× “’s recent conviction for violation of California Penal Code § 496(A), receiving stolen property, but failed to mention that Javier Jr.”
Fare v. Tony C., 582 P.2d 957 (Cal. 1978).
· cites it 2× “(Pen. Code, § 496.) It follows that the evidence against Tony was the direct product of exploitation of the unlawful investigative stop, and should have been suppressed.”
People v. Castro, 696 P.2d 111 (Cal. 1985).
· cites it 2× “A jury convicted defendant Maria Castro of receiving stolen property (Pen. Code, § 496). Before trial, the court denied a motion to bar impeachment with then unspecified priors, should defendant choose to testify.”
People v. Ramey, 545 P.2d 1333 (Cal. 1976).
· cites it 2× “However, Garcia testified that he believed there was probable cause to arrest defendant for the offense of receiving stolen property, a crime which does not necessitate continuing possession of the goods.”
Sandoval-Lua v. Gonzales, 499 F.3d 1121 (9th Cir. 2007).
· cites it 2× “11, 2006) (holding alien respondent did not carry burden of establishing eligibility for cancellation of removal where a prior conviction for a theft offense under California Penal Code § 496(a) "could constitute an aggravated felony," but it was "unclear from the instant record…”
— Cal. Penal Code § 496(1) — 1 case
— Cal. Penal Code § 496(A) — 2 cases
Bravo v. City of Santa Maria, 665 F.3d 1076 (9th Cir. 2011).
“’s recent conviction for violation of California Penal Code § 496(A), receiving stolen property, but failed to mention that Javier Jr.”
— Cal. Penal Code § 496(a) — 38 cases
Castillo-Cruz v. Holder, 581 F.3d 1154 (9th Cir. 2009).
“The Notice to Appear also alleged that he had been convicted of possession of stolen property in violation of Cal.Penal Code § 496 in April 1990. Castillo-Cruz admitted the allegations in his Notice to Appear and conceded removability, but sought cancellation of removal under 8…”
Verdugo-Gonzalez v. Holder, 581 F.3d 1059 (9th Cir. 2009).
“He was convicted in 2004 for felony receipt of stolen property in violation of California Penal Code section 496(a) and was sentenced to serve sixteen months in prison.”
Sandoval-Lua v. Gonzales, 499 F.3d 1121 (9th Cir. 2007).
“11, 2006) (holding alien respondent did not carry burden of establishing eligibility for cancellation of removal where a prior conviction for a theft offense under California Penal Code § 496(a) "could constitute an aggravated felony," but it was "unclear from the instant record…”
— Cal. Penal Code § 496(c) — 30 cases
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