California Penal Code §496 — Receiving Stolen Property
PC §496(a) punishes anyone who buys, receives, conceals, sells, or withholds property they know to be stolen. Under Prop 47, if the property's value is $950 or less, the offense is a misdemeanor. Above $950 it is a wobbler carrying up to 1 year jail (misdemeanor) or 16 months, 2, or 3 years (felony). §496(d) governs stolen vehicles as a straight wobbler regardless of value.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Receiving Stolen Property Cases in All LA County Courts
01 — Quick Facts
PC §496 — Receiving Stolen Property at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §496 — Receiving Stolen Property |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor (≤ $950) or Wobbler (> $950) |
| Misdemeanor | Up to 1 year county jail; up to $1,000 fine |
| Felony | 16 months, 2, or 3 years county jail (§1170(h)) |
| §496(d) Stolen Vehicle | Wobbler regardless of value — up to 3 years |
| Civil Liability | §496(c) — triple actual damages + attorney fees to victim |
| Knowledge Requirement | Actual or constructive knowledge property was stolen |
| Prop 47 | Value ≤ $950 → misdemeanor treatment mandatory absent enumerated priors |
| Immigration | CIMT — deportable if sentence 1 year+ |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §496?
What Is California Penal Code §496?
PC §496 Reads:
"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…"
— California Penal Code §496(a)
§496 exists to punish the market for stolen goods. Prosecutors regularly file §496 as a companion count to theft — or as a standalone charge when defendant did not personally steal but knowingly received the property. The 'knowledge' element is the case's center of gravity.
§496(a) Property vs. §496(d) Vehicles
§496(a) covers property generally and is Prop 47-eligible (misdemeanor at ≤ $950). §496(d) is a discrete offense for receiving a stolen vehicle — always a wobbler, value threshold irrelevant. §496(d) is not affected by Prop 47.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §496
The prosecution must prove each element beyond a reasonable doubt (CALCRIM 1750).
Property Was Stolen
The property was in fact obtained by theft, extortion, or fraud.
Defendant Bought / Received / Concealed / Sold / Withheld It
Defendant took one of the enumerated actions with respect to the property.
Knowledge It Was Stolen
Defendant knew (or under People v. Anderson, was aware of facts that would put a reasonable person on notice) the property was stolen when they received or handled it.
04 — Penalties
Penalties for PC §496 Receiving Stolen Property in California
§496 penalty tier depends on the value of the property.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §496(a) — Property Value ≤ $950 | PC §496(a) (Prop 47) | Up to 1 year county jail; up to $1,000 fine | Available | No |
| §496(a) — Property Value > $950 | PC §496(a) | Wobbler — up to 1 yr jail or 16/2/3 county prison | Available | No |
| §496(d) — Stolen Vehicle | PC §496(d) | Wobbler — up to 1 yr jail or 16/2/3 county prison | Available | No |
Related Enhancements
Aggravated White-Collar Enhancement
PC §186.11
When receiving is part of a pattern of related felony fraud/theft conduct with loss > $100K, adds 1–5 years.
Excessive Takings
PC §186.11 or §12022.6 (repealed prospectively — see current §186.11)
Loss tiers stack additional prison time on aggregated theft/receiving conduct.
Civil Treble Damages
PC §496(c)
Victim may sue in civil court for THREE TIMES actual damages plus attorney fees, independent of criminal outcome (Siry Investment v. Farkhondehpour, 2022).
Additional Consequences Beyond Prison
- Prop 47 reclassification available to reduce prior felony §496 to misdemeanor if value ≤ $950
- PC §17(b) reduction to misdemeanor on §496(a) > $950 wobbler
- Immigration: CIMT — deportable aggravated felony under 8 USC §1101(a)(43)(G) if sentence 1 year+
- Restitution to victim under PC §1202.4
- Firearm ban on any felony conviction
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §496 Receiving Stolen Property Charges
§496 defenses attack knowledge, possession, and stolen status.
Lack of Knowledge
The core defense — defendant did not know and had no reason to know the property was stolen. Fair market price paid, receipt provided, or plausible cover story from seller all rebut knowledge.
Mens Rea
Property Not Stolen
Prosecution must prove theft — a documented sale, gift, or abandonment breaks the chain.
Predicate
Innocent Possession
Momentary or transitory handling to return property or investigate is not §496 possession.
Momentary
Prop 47 Reduction
Value ≤ $950 requires misdemeanor treatment absent enumerated priors — 'aggregation' arguments limited by People v. Jimenez.
Prop 47
PC §1001.95 Diversion
Misdemeanor §496 is diversion-eligible; case dismissed on completion.
AB 3234
Constitutional Sources
07 — Court Process
How PC §496 Receiving Stolen Property Cases Move Through Los Angeles Courts
§496 cases turn on the knowledge element.
- 1
Step 1 — Arrest & Property Booking
Property is booked into evidence and returned to victim after documentation.
- 2
Step 2 — Filing Decision
DA reviews value, defendant's record, and knowledge evidence — Prop 47 forces misdemeanor at ≤ $950.
- 3
Step 3 — Arraignment
OR or bail; restitution issue joined.
- 4
Step 4 — Pretrial Motion Practice
PC §1538.5 suppression if property discovered via search; Prop 47 valuation dispute.
- 5
Step 5 — Preliminary Hearing (felony)
Knowledge element litigated — receipts, price paid, source of goods.
- 6
Step 6 — Trial or Plea
PC §17(b), §1001.95 diversion, or misdemeanor plea.
- 7
Step 7 — Sentencing / Restitution
Full victim restitution and possible civil treble-damages exposure under §496(c).
Los Angeles Courts That Handle PC §496 Receiving Stolen Property Cases
§496 is heard in the district courthouse of the receipt/possession.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Receiving Stolen Property Defense Attorney
Daniel S. Rubin has defended clients charged with receiving stolen property and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §496 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Receiving Stolen Property Cases Throughout LA County
09 — FAQs
PC §496 Receiving Stolen Property Questions — Los Angeles
Does Prop 47 apply to §496?
Yes for §496(a) — value ≤ $950 requires misdemeanor treatment absent enumerated priors. §496(d) stolen-vehicle cases are NOT affected by Prop 47.
Can I be sued civilly on top of the criminal case?
Yes. PC §496(c) — the California Supreme Court held in Siry Investment v. Farkhondehpour (2022) — authorizes triple actual damages plus attorney fees regardless of criminal outcome.
What if I didn't know it was stolen?
Lack of knowledge is a complete defense. But 'constructive knowledge' — facts a reasonable person would recognize as suspicious (dramatically low price, no receipt, altered serial numbers) — can satisfy the element under People v. Anderson.
Is §496 a strike?
No. §496 is not on the §667.5(c) or §1192.7(c) list and does not count as a strike.
Available 24/7 — Free Consultation
Charged With PC §496 Receiving Stolen Property?
The knowledge element is where §496 cases are won. Rubin Law, P.C. defends LA receiving-stolen-property cases and shuts down §496(c) civil exposure. Call (213) 723-2337.