California Penal Code Section 496 makes it a crime to buy, receive, sell, conceal, or withhold property you know was stolen or obtained by extortion. It applies to the person who handles the goods after the theft, not the thief. Depending on the value of the property and your record, prosecutors can file the charge as a misdemeanor or a felony, with felony exposure of up to three years in county jail and fines up to $10,000. Victims also get a civil remedy that can multiply their losses by three.
What the Law Prohibits
Under subdivision (a), the prosecution has to prove two things. You bought, received, sold, helped sell, concealed, or withheld property that had been stolen or obtained by extortion. And when you did, you knew it was stolen or illegally obtained.1Justia. CALCRIM No. 1750 – Receiving Stolen Property
“Receiving” is broader than physical possession. You can be convicted based on constructive possession, meaning you controlled the property or had the right to control it, even if you never touched it. Letting someone bury stolen goods in your yard with your permission counts.
Knowledge is where most of these cases are won or lost. The statute requires actual knowledge. Carelessness or failing to ask obvious questions is not enough to convict.1Justia. CALCRIM No. 1750 – Receiving Stolen Property Because people don’t confess to that kind of knowledge, prosecutors build it from circumstantial evidence: prices far below market, no receipt or paperwork, cash deals under odd conditions, serial numbers filed off. Any one fact is thin. Stacked together, they can support a jury inference.
Misdemeanor or Felony
PC 496 is a wobbler. The value of the property is the biggest factor in how it gets charged.
If the property is worth $950 or less, the offense must be filed as a misdemeanor, provided you have no prior conviction for a serious or violent felony listed in Penal Code 667(e)(2)(C)(iv) and are not required to register as a sex offender.2California Legislative Information. California Penal Code 496 When the value exceeds $950, the prosecutor can go either way. Criminal history, the quantity and type of property, and any indication of commercial-scale activity push toward a felony filing.
Penalties
Misdemeanor
A misdemeanor conviction carries up to one year in county jail.2California Legislative Information. California Penal Code 496 Because the statute itself doesn’t set a fine, the default misdemeanor fine of up to $1,000 under Penal Code 19 applies.3California Legislative Information. California Penal Code 19 Judges frequently grant summary probation in place of jail, with conditions like restitution, community service, and staying out of further trouble.
Felony
A felony conviction is punishable by 16 months, two years, or three years under the realignment sentencing framework in Penal Code 1170(h).4California Legislative Information. California Penal Code 1170 That time is served in county jail rather than state prison, unless prior serious or violent felonies change where the sentence is served. The court can add a fine of up to $10,000 under Penal Code 672, which fills the gap when the underlying statute doesn’t specify a fine amount.5California Legislative Information. California Penal Code 672 Formal probation with active supervision is also on the table.
Swap Meet Vendors, Dealers, and Secondhand Businesses
Subdivision (b) sets a lower mental-state bar for people in the resale business. Swap meet vendors, dealers in secondhand merchandise, collectors, and their employees don’t get the “actual knowledge” standard that applies to everyone else. They can be convicted when the circumstances should have prompted a reasonable inquiry into the seller’s right to sell, and no inquiry was made.2California Legislative Information. California Penal Code 496
The $950 line still applies. Below it, the offense is a straight misdemeanor. Above it, the same wobbler treatment and felony sentencing range kick in. If you run a pawn shop, consignment store, or flea market booth, this provision effectively requires you to ask questions when merchandise looks suspicious.
Defenses That Actually Work
Because knowledge is the linchpin, defenses tend to attack it directly.
- Lack of knowledge. If you didn’t know and had no real reason to know the property was stolen, there’s no crime. A garage sale purchase or a reasonably priced buy on a mainstream marketplace, with nothing suspicious around it, supports this defense. The knowledge element is treated as specific intent, so you’re entitled to present evidence and to matching jury instructions.1Justia. CALCRIM No. 1750 – Receiving Stolen Property
- Intent to return. Taking possession to give the property back to the owner or hand it to police negates criminal intent. Your conduct has to line up, meaning you actually contacted the owner or law enforcement without delay.
- Property wasn’t stolen. If the goods weren’t stolen or obtained by extortion in the first place, the charge fails regardless of what you thought.
- Claim of right. A genuine belief that you were legally entitled to the property defeats the required mental state.
Civil Treble Damages for Victims
Subdivision (c) gives victims a civil claim on top of anything the criminal system does. A person injured by a violation of subdivision (a) or (b) can sue and recover three times their actual damages, along with court costs and reasonable attorney fees.2California Legislative Information. California Penal Code 496
A criminal conviction isn’t required. The plaintiff proves the theft and the concealment by a preponderance of the evidence, well short of the criminal standard of proof beyond a reasonable doubt. This makes PC 496(c) a common tool in commercial disputes over misappropriated goods, funds, or trade secrets.
You Can’t Be Convicted of Both Theft and Receiving
Subdivision (a) says plainly that no person may be convicted both of stealing the property and of receiving that same property.2California Legislative Information. California Penal Code 496 The prosecution can still charge both and let the jury sort out which one fits. The statute also allows a principal in the theft to be prosecuted under PC 496 as an alternative. Practically, that gives prosecutors a fallback when evidence of the original taking is weaker than evidence that the defendant ended up with the goods.
PC 496 sits alongside California’s core theft statutes, grand theft under PC 487 and petty theft under PC 484, which cover the initial taking. PC 496 targets the next link in the chain. The $950 threshold that separates misdemeanor from potential felony treatment runs through both sets of statutes.
Immigration Consequences for Non-Citizens
If you aren’t a U.S. citizen, treat this charge as serious no matter how it’s filed. A PC 496 conviction is not automatically a crime involving moral turpitude for immigration purposes. The Ninth Circuit held in Castillo-Cruz v. Holder (2009) that the statute is not categorically a CIMT, because it can be violated without the specific intent to permanently deprive the owner.6United States Courts. Criminal Issues in Immigration Law The specific facts and the record of conviction can still trigger deportability or inadmissibility on other grounds, especially for felonies and repeat offenses. Talk to an immigration attorney before entering any plea.
When Federal Charges Take Over
Stolen property that crosses state lines can pull federal law into the picture. Under 18 U.S.C. ยง 2315, receiving, possessing, concealing, selling, or disposing of stolen goods worth $5,000 or more that have crossed a state or national boundary, with knowledge that they were stolen, carries up to 10 years in federal prison and substantial fines.7Office of the Law Revision Counsel. 18 U.S. Code 2315 – Sale or Receipt of Stolen Goods, Securities, Moneys The dollar threshold is higher than California’s $950 line, but the penalties are far heavier. Federal prosecutors tend to reach for this statute when the case involves large-scale operations, organized retail theft rings, or goods moving through multiple states.