What is the test for a defendant to be found guilty of possession of stolen property under section 496 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Reyes, 52 Cal.App.4th 975, 61 Cal.Rptr.2d 39 (Cal. App. 1997):

It has been held that "[u]nder present section 496, while a specific fraudulent intent by the perpetrator (e.g., for his own gain or to prevent the owner from again possessing his property) is not an element of the crime which the prosecution must prove, the absence of any such guilty intent is a defense which, if established, disproves the charge. [Citations.]" (People v. Osborne (1978) 77 Cal.App.3d 472, 476, 143 Cal.Rptr. 582.) "[T]he mere receipt of stolen goods with knowledge they have been stolen is not itself a crime if the property was received with intent to restore it to the owner without reward or with any other innocent intent [citation]. The critical factor is the defendant's intent at the time he receives or initially conceals the stolen property from the owner. The intent to restore must exist at the moment the stolen property is accepted by the receiver if he is to be acquitted. If the defendant received or concealed stolen property with general criminal intent to aid the thief, or to deprive the owner of possession ... he possesses the requisite wrongful intent...." (People v. Wielograf (1980) 101 Cal.App.3d 488, 494, 161 Cal.Rptr. 680.)

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