What is the test for intent to deprive a vehicle owner of possession?

California, United States of America


The following excerpt is from People v. Story, C090227 (Cal. App. 2020):

deprive [the] owner of his title to or possession of such vehicle. The intent is made an affirmative element of the crime and consequently must be proved as a fact." (People v. Neal (1940) 40 Cal.App.2d 115, 117.)

"The specific intent to deprive the owner of possession of his vehicle ' "may be inferred from all the facts and circumstances of the particular case." ' [Citation.]" (People v. O'Dell (2007) 153 Cal.App.4th 1569, 1577.) "Knowledge that the vehicle was stolen, while not an element of the offense, may constitute evidence of the defendant's intent to deprive the owner of title and possession. [Citation.] [] Possession of recently stolen property itself raises a strong inference that the possessor knew the property was stolen; only slight corroboration is required to allow for a finding of guilt. [Citation.]" (Id. at p. 1574; see also People v. Green (1995) 34 Cal.App.4th 165, 181.)

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