What are the elements of the crime of obtaining stolen property?

California, United States of America


The following excerpt is from People v. Johnson, 130 Cal.App.3d 553, 181 Cal.Rptr. 825 (Cal. App. 1982):

The crime of receiving stolen property (see fn. 3, infra) is not so limited. The word "obtained" is modified by the phrase "in any manner." The elements of the crime of receiving are: (1) that the particular property was stolen, (2) that the accused received, concealed or withheld it from the owner, and (3) that the accused knew the property was stolen. (People v. Katz (1975) 47 Cal.App.3d 294, 299, 120 Cal.Rptr. 603.) There is no requirement that the property be initially stolen with criminal intent, but only that it is found to be stolen at some point prior to the defendant's receiving it. Accordingly, there was no error.

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