Receiving stolen property is punished under 496, 496a, 496b, 496c, 496d and 496e of the California Penal Code.
When junk dealing or secondhand dealing is considered theft
- When a junk dealer or secondhand materials dealer buys or receives wire, cable, copper, lead, solder, mercury, iron or brass which he knows to be ordinarily used by or belonging to a railroad, telephone, telegraph, gas, water or electric light company, and who does not use due diligence to ascertain that the person selling to him or her has the legal right to do so shall be considered to have committed theft.
- A swap meet vendor whose principal business is dealing in or collecting merchandise or personal property, buys or receives property that has a value in excess of $950 that has been stolen or obtained in a way that constitutes theft or extortion and does not make reasonable inquiries to ascertain that the person from whom the property was bought or received had the legal right to sell it.
- A dealer in or collector of junk, metals, or secondhand materials who buys or receives wire, cable, copper, lead, solder, mercury, iron or brass which the dealer knows to reasonably should know is ordinarily used or belongs to a railroad, telephone, telegraph, gas, water or electric light company, who does not use due diligence to ascertain that the person selling or delivering it has a legal right to do so.
- If the dealer in or collector of junk, metals, secondhand materials does not require the seller to provide his full name, signature, address, driver’s license, vehicle license number or fails to keep a record of the transaction describing the materials purchased.
- When a dealer of collector of second-hand books or literary material purchases books, manuscripts, maps, charts or other work of literature that bears marks or indicia that they are owned by a public library, college or university, and who does not make diligent inquiry that the person selling to them has a legal right to sell to them shall be punished for theft.
- A person who copies, transcribes, photographs or otherwise records the contents of any private or unpublished paper, book, record, map or file containing information related to title to real property belonging to another without the consent of the owner of the paper, book, record, map or file with the intent to use the contents shall be guilty of theft.
- A person who promises, gives or offers a gift, gratuity to any person who will receive or acquire from another any copy, transcription, photograph or other record or memorandum of the contents of any private or unpublished paper, book, record map or file containing information relating to a title to real property knowing that the contents had been acquired, prepared or compiled in violation of this section.
- Any person who receives or buys a motor vehicle that has been stolen or obtained shall be punished for theft, knowing that the vehicle had been stolen or obtained, and conceals, sells, withholds or aids in concealing, selling or withholding the vessel or motor vehicle.
- Any person engaged in salvage, recycling, purchase or sale of scrap metal and who possess items that were owned or previously owned by a public agency, county, city or special district and fails to report possession of such items shall be punished for theft.
Are you facing charges of receiving stolen property? Do you need legal representation? Call any of the lawyers at the Ramiro J. Lluis Law Office. They are willing to help.