--- title: "PC 496 - Receiving Stolen Property" description: "California PC 496 makes buying or concealing stolen property a crime. Learn the knowledge element, penalties, and defenses." url: "https://www.thehfirm.com/penal-codes/pc-496-receiving-stolen-property" site: "H Law Group" --- # PC 496 - Receiving Stolen Property California PC 496 makes buying or concealing stolen property a crime. Learn the knowledge element, penalties, and defenses. Topics: Theft, Penal Code ## **California Penal Code 496: Receiving Stolen Property** You don't have to steal something yourself to face a theft-related charge in California. Buying, receiving, concealing, or selling property you know was stolen is its own offense under Penal Code 496, and it carries real jail or prison exposure even for someone who had nothing to do with the original theft. ## **What the Law Says** Penal Code 496(a) makes it a crime to: > Buy or receive any property that has been stolen, knowing the property to be stolen, or conceal, sell, withhold, or aid in concealing or withholding any property from the owner, knowing the property to be stolen. The statute also allows a principal in the actual theft of the property to be convicted under PC 496, though the law prevents a person from being convicted of both the underlying theft and receiving stolen property for the same specific property. A separate provision, Penal Code 496(b), applies to swap meet vendors and merchandise dealers. Those buyers face liability for purchasing stolen property without conducting a reasonable inquiry into its ownership, which is a lower bar than the actual knowledge required for an ordinary buyer under subsection (a). ## **Elements Prosecutors Must Prove** - The property in question was, in fact, stolen - The defendant bought, received, concealed, sold, withheld, or aided in concealing or withholding the property - The defendant knew the property was stolen at the time (or, for swap meet vendors and dealers under PC 496(b), knew or failed to make a reasonably diligent inquiry into the property's ownership) ## **Penalties** - **Property valued at $950 or less: **a misdemeanor, punishable by up to one year in county jail - **Property valued above $950: **a wobbler, punishable by up to one year in county jail as a misdemeanor, or by imprisonment under Penal Code 1170(h) if charged as a felony - **Swap meet vendors and dealers (PC 496(b)): **similar misdemeanor and felony tiers, split by the same $950 threshold, for buying stolen property without a reasonable inquiry - **Attempt (PC 496(d)): **up to one year in county jail, or imprisonment under Penal Code 1170(h) if charged as a felony Penal Code 496(c) also gives victims a civil remedy, allowing them to sue for three times their actual damages, plus attorney's fees and court costs, separate from any criminal case. ## **Common Defenses** - Lack of knowledge that the property was stolen - Momentary or unwitting possession, without any intent to conceal or withhold the property - Mere presence near stolen property, which is not enough on its own to prove receiving - A good-faith purchase for value, without reason to believe the property was stolen - Insufficient evidence that the property was actually stolen in the first place ## **Related Offenses** - [**Burglary and Shoplifting**](/penal-codes/pc-459-459-5-burglary-shoplifting)[ - Penal Code Sections 459 and 459.5](/penal-codes/pc-459-459-5-burglary-shoplifting) - [**Grand Theft**](/penal-codes/pc-487-grand-theft-over-950)[ - Penal Code Section 487](/penal-codes/pc-487-grand-theft-over-950) - [**Forgery and Identity Theft**](/penal-codes/pc-470-530-5-forgery-identity-theft)[ - Penal Code Sections 470 and 530.5](/penal-codes/pc-470-530-5-forgery-identity-theft) ## **Frequently Asked Questions** ### Can I be convicted of both stealing property and receiving it? No. Penal Code 496 prevents a person from being convicted of both theft and receiving stolen property for the same specific property, though a principal in the original theft can still be convicted under PC 496 depending on how the case is charged. ### Does it matter if I didn't personally steal the item? No. PC 496 targets people down the chain from the original theft, including buyers, sellers, and anyone who helps conceal stolen property, regardless of whether they took part in the theft itself. ### What if I didn't know the item was stolen? Knowledge that the property was stolen is a required element of the offense. If the prosecution can't prove actual knowledge, or, for swap meet vendors and dealers, a failure to make a reasonable inquiry, the charge should not hold up. ### Is there a civil penalty in addition to criminal charges? Yes. Under Penal Code 496(c), a victim can bring a separate civil lawsuit for three times their actual damages, plus attorney's fees and court costs. A charge under [Penal Code 496](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=496.&lawCode=PEN) often comes down to what the defendant knew and when they knew it. This is general information, not legal advice for any specific situation, and anyone facing a receiving stolen property charge should speak with a criminal defense attorney about the facts of their case. ## Related California penal codes - [PC 459 / 459.5 - Burglary & Shoplifting](https://www.thehfirm.com/penal-codes/pc-459-459-5-burglary-shoplifting) - [PC 487 - Grand theft (over $950)](https://www.thehfirm.com/penal-codes/pc-487-grand-theft-over-950) - [PC 470 / 530.5 - Forgery & Identity Theft](https://www.thehfirm.com/penal-codes/pc-470-530-5-forgery-identity-theft) --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. For legal advice about your specific situation, contact H Law Group directly.