California Penal Code § 496d(a) makes it a crime to knowingly buy, receive, conceal, sell, or withhold a stolen motor vehicle. The law can also apply to certain stolen trailers, special construction equipment, and vessels.
A person does not have to be the individual who originally stole the vehicle to face a charge under Penal Code § 496d(a). For example, someone who knowingly receives or hides a vehicle after another person steals it may potentially be charged under this law.
One of the most important issues in a California stolen vehicle possession case is whether the defendant knew the vehicle was stolen.
This article explains what Penal Code § 496d(a) prohibits, what prosecutors must prove, potential penalties, and common questions about possession or receiving a stolen vehicle in California.
What Is California Penal Code § 496d(a)?
Penal Code § 496d(a) is a California law that prohibits knowingly dealing with certain stolen property, including motor vehicles.
The law can apply when a person knowingly:
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Buys a stolen vehicle
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Receives a stolen vehicle
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Conceals a stolen vehicle
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Sells a stolen vehicle
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Withholds a stolen vehicle from its owner
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Helps another person conceal, sell, or withhold a stolen vehicle
Because the statute covers several types of conduct, Penal Code § 496d(a) is broader than simply possessing a stolen car.
What Must the Prosecution Prove?
To obtain a conviction, the prosecution must prove the required elements of the offense beyond a reasonable doubt.
Generally, a Penal Code § 496d(a) case focuses on three major questions.
Was the Vehicle Stolen?
The prosecution must establish that the vehicle was stolen or obtained through conduct constituting theft or extortion.
The fact that someone possesses a vehicle later reported stolen does not, by itself, establish every element of a § 496d(a) offense.
Did the Defendant Receive, Possess, Conceal, Sell, or Withhold the Vehicle?
The prosecution must connect the defendant to conduct covered by the statute.
For example, a person may potentially face a § 496d(a) charge if they knowingly agree to store a stolen vehicle for another person.
Mere presence near a stolen vehicle does not automatically establish that a person possessed or received it.
Did the Defendant Know the Vehicle Was Stolen?
Knowledge is a critical element of Penal Code § 496d(a).
The prosecution generally must prove that the defendant knew the vehicle was stolen when engaging in the conduct prohibited by the statute.
For example, suppose someone buys a used vehicle from a private seller who claims to own it. The buyer later discovers that the vehicle was stolen. The fact that the vehicle was stolen does not automatically establish that the buyer knew about the theft at the time of the purchase.
The circumstances surrounding the transaction may become important in determining whether the required knowledge can be proven.
Can You Be Charged With Receiving a Stolen Vehicle If You Did Not Steal It?
Yes.
Penal Code § 496d(a) does not require the defendant to be the person who originally stole the vehicle.
For example:
Person A steals a car.
Person B later receives the car and knows it was stolen.
Person B did not commit the original theft, but the alleged conduct may potentially constitute receiving stolen property under Penal Code § 496d(a).
This distinction is important because stealing a vehicle and receiving a stolen vehicle are different types of criminal allegations.
Is Possession of a Stolen Vehicle Automatically a Crime?
Not necessarily.
The prosecution generally must establish the required elements of the offense, including the defendant’s knowledge that the vehicle was stolen.
For example, if a person unknowingly borrows a vehicle from someone who secretly stole it, the circumstances may be different from a situation where the person knowingly accepts the vehicle after being told it was stolen.
Similarly, simply being near a stolen vehicle does not automatically establish criminal possession.
The specific facts surrounding the vehicle and the defendant’s conduct matter.
What Are the Penalties for Penal Code § 496d(a)?
Penal Code § 496d(a) can be punished as either a misdemeanor or a felony.
Felony Penalties
A felony violation can result in:
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16 months, 2 years, or 3 years of imprisonment under the applicable sentencing provision;
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A fine of up to $10,000; or
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Both imprisonment and a fine.
Misdemeanor Penalties
A misdemeanor violation can result in:
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Up to one year in county jail;
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A fine of up to $1,000; or
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Both jail time and a fine.
These are statutory punishment provisions. The sentence imposed in a particular case can depend on the circumstances, criminal history, charging decisions, plea agreements, and applicable sentencing laws.
Is Penal Code § 496d(a) a Felony or Misdemeanor?
It can be either.
Penal Code § 496d(a) provides for felony and misdemeanor punishment. This means the offense is commonly described as a wobbler.
Whether a particular case is handled as a felony or misdemeanor depends on the circumstances and applicable prosecutorial and sentencing decisions.
Does the $950 Rule Apply to a Stolen Vehicle?
Not automatically.
California’s $950 threshold under Penal Code § 496 applies to certain receiving-stolen-property offenses prosecuted under that section. It does not automatically convert a Penal Code § 496d(a) charge involving a vehicle worth $950 or less into a misdemeanor.
Therefore, the value of a stolen vehicle should not be used by itself to determine how a § 496d(a) case will be charged or punished.
What Are Common Defenses to Penal Code § 496d(a)?
The appropriate defense depends on the facts and evidence. Issues that may arise include:
Lack of Knowledge
The prosecution must establish the required knowledge that the vehicle was stolen.
If the evidence does not establish that the defendant knew about the vehicle’s stolen status, that may be an important issue in the case.
Lack of Possession or Control
Being present where a stolen vehicle is located does not necessarily establish possession.
The evidence may need to show that the defendant actually received, possessed, controlled, concealed, sold, or withheld the vehicle as alleged.
Mistaken Identity
A defendant may dispute whether they were the person who received, purchased, concealed, sold, or withheld the vehicle.
Insufficient Evidence
The prosecution has the burden of proving the required elements beyond a reasonable doubt. A case may therefore involve challenges to whether the evidence establishes one or more elements of the offense.
These are general examples of issues that may arise and are not a determination that a particular defense applies to any individual case.
What Evidence May Be Used in a Stolen Vehicle Case?
Evidence in a Penal Code § 496d(a) case may include:
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Vehicle identification numbers (VINs)
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DMV and registration records
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Title documents
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Purchase or sales records
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Payment records
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Text messages and other communications
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Surveillance footage
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Witness statements
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Statements attributed to the defendant
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Evidence showing where the vehicle was found
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Evidence concerning who had possession or control of the vehicle
The importance of any particular evidence depends on the circumstances of the case.
Frequently Asked Questions
What is Penal Code 496d(a)?
California Penal Code § 496d(a) makes it a crime to knowingly buy, receive, conceal, sell, or withhold certain stolen property, including motor vehicles.
Is possession of a stolen car a felony in California?
It can be. Penal Code § 496d(a) allows for misdemeanor or felony punishment.
Do you have to steal the vehicle to be charged under § 496d(a)?
No. A person can potentially be charged for knowingly receiving, concealing, selling, or withholding a stolen vehicle even if another person committed the original theft.
What if I did not know the vehicle was stolen?
Knowledge is an important element of the offense. The prosecution generally must prove that the defendant knew the vehicle was stolen or otherwise unlawfully obtained.
Can you be charged for simply being inside a stolen vehicle?
The circumstances matter. Being inside or near a stolen vehicle does not automatically establish every element of a Penal Code § 496d(a) offense. The prosecution must prove the applicable elements, including the required knowledge and conduct.
How long can you go to jail for Penal Code § 496d(a)?
For felony punishment, the statute provides for 16 months, 2 years, or 3 years of imprisonment under the applicable sentencing provision. Misdemeanor punishment can include up to one year in county jail.
Key Takeaways
California Penal Code § 496d(a) focuses on knowingly receiving or otherwise dealing with stolen vehicles and certain other covered property.
The key points are:
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You do not have to be the original vehicle thief to face a § 496d(a) charge.
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The statute covers receiving, buying, concealing, selling, and withholding stolen vehicles.
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The prosecution generally must prove that the defendant knew the vehicle was stolen.
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Mere presence near a stolen vehicle does not automatically establish possession.
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Penal Code § 496d(a) can be punished as either a misdemeanor or felony.
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Felony punishment can include 16 months, 2 years, or 3 years of imprisonment and a fine of up to $10,000.
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The $950 threshold applicable to certain Penal Code § 496 offenses does not automatically apply to § 496d(a).
Contact Southwest Legal
A Penal Code § 496d(a) charge involving a stolen vehicle can raise important questions about knowledge, possession, evidence, and potential penalties. Understanding exactly what the prosecution must prove can help you better understand the legal process.
If you or a family member is facing a California stolen vehicle charge, Southwest Legal is available to help you understand the allegations and the legal issues involved.
Contact us today for a free consultation. Take the first step toward understanding your situation, the charge you are facing, and the legal process ahead.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship unless and until the firm and client enter into an agreement for legal services. Laws may change, and legal outcomes depend on the specific facts of each case. Consult a qualified attorney for advice regarding your situation.