10.5.5.4: Receiving Stolen Property Attendant Circumstances

California Criminal Law 2026 · LibreTexts

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    10.5.5.4: Receiving Stolen Property Attendant Circumstances

    The property must be stolen for this crime, so the prosecution must prove the attendant circumstances that the property belongs to another and lack of victim consent.

     

    Receiving Stolen Property Causation

    The criminal act must be the factual and legal cause of receiving stolen property harm, which is defined in “Receiving Stolen Property Harm”.

     

    Receiving Stolen Property Harm

    The defendant must buy, receive, retain, sell, or dispose of stolen property for the completed crime of receiving stolen property in most jurisdictions (Ala. Code § 13A-8-16, 2011). If the defendant does not actually gain or transfer control of the property, only attempted receiving stolen property can be charged.

     

    Receiving Stolen Property Grading

    Receiving stolen property is graded as a felony-misdemeanor (Cal. Penal Code § 496, 2011) or as a misdemeanor if the stolen property is of low value and a felony if the stolen property is of high value (Ga. Code § 16-8-12, 2011).


    This page titled 10.5.5.4: Receiving Stolen Property Attendant Circumstances was last modified on Thu, 03 Sep 2026 12:41:49 GMT and is shared under a CC BY-NC-SA 4.0 license and was authored, remixed, and/or curated by Mark C Fields and Carmyn A. Radetic-Fields.