What are the elements of grand theft and receiving stolen property?

California, United States of America


The following excerpt is from Williams v. Superior Court of Los Angeles County, 71 Cal.2d 1144, 81 Cal.Rptr. 761 (Cal. 1969):

To establish grand theft of an automobile, the state must prove (1) the taking away of an automobile (2) from the owner (3) into the possession of the accused (4) without the consent of the owner or under claim of right (5) with the specific intent to deprive the owner of his property wholly and permanently. (Compare Pen.Code, 487, subd. 3, with People v. Walther, 263 Cal.App.2d 310, 316, 69 Cal.Rptr. 434.)

To establish the crime of receiving stolen property, the state must prove (1) that the property found in the possession of the accused was acquired by theft or extortion; (2) that the accused received, concealed, or withheld the property from its owner; and (3) that the accused knew the property was stolen. (Pen.Code, 496; People v. Williams, 253 Cal.App.2d 952, 957, 61 Cal.Rptr. 238.) These elements were not proved here.

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