Which of the following answers is true in regards to the possession of stolen property?

Obviously it is illegal to steal. A lot of people, however, do not realize that it is also illegal to receive stolen property. In fact, under California Penal Code section 496 (PC 496), receiving property you know to be stolen is punishable as a felony or a misdemeanor, depending on the circumstances and your criminal history.

Required Elements of the Crime
In order to prove that a defendant is guilty of receiving stolen property, the prosecution must prove all of the following beyond a reasonable doubt:

The defendant received the property.
The property was stolen.
The defendant knew the property was stolen.

At a glance, these elements seem straightforward. There are, however, important items that require clarification to fully understand this law.

Receive
Under PC 496, to receive property is to buy or otherwise receive the property. It also includes, however, the following actions with regard to the stolen item(s):
Concealing the property
Selling the property
Withholding the property from the owner
Furthermore, to receive stolen property does not require having actual possession of the property. If you have direct control over the property or the right to control it, you have constructive possession over the property, which is sufficient to be found guilty of receiving stolen property. For instance, if a friend steals an item then, with your permission, hides that item in your bedroom closet, you have constructive possession and may be convicted of receiving stolen property.

Stolen
Property is stolen if the person who took it intended to permanently deprive the owner of it, and it is acquired by any of the following:
Petty theft
Grand theft
Burglary
Robbery
Embezzlement
If you knowingly receive the stolen property, the intent to permanently deprive the owner of it passes onto you. If you receive stolen property not knowing it was stolen but subsequently find out that it was, you must notify the owner immediately in order to prevent prosecution for receiving stolen property.

Penalties for Receiving Stolen Property
As stated above, receiving stolen property may be prosecuted either as a felony or a misdemeanor, depending on the circumstances of the case as well as your criminal history.
The penalties for each type of receiving stolen property are as follows:

Misdemeanor
Up to 1 year in county jail
Felony
16 months, 2 years, or 3 years in State Prison

Additional Penalties if Stolen Property is Car, Tralier, Special Construction Equipment, or a Boat
If the stolen property was a car, trailer, certain type of construction equipment, or a boat, you still face the same county jail or prison sentences, but you also face a fine of $1,000 for a misdemeanor and $10,000 for a felony.

Civil Penalties
A unique aspect of PC 496 is that it sets forth civil penalties in addition to the criminal penalties. The rightful owner of the property may recover up to 3 times the amount of his/her loss plus his/her attorney’s fees and the cost of the lawsuit.

Defending Against Charges of Receiving Stolen Property
Mistake of Fact/Claim of Right
If you did not know that the property was stolen, you are not guilty of receiving stolen property. For instance, if you purchase a stolen item from someone you actually believed had legal right to it, you are not guilty of receiving stolen property.
Likewise, if you receive property you believe had been stolen from you, you are not guilty of receiving stolen property.
Mistake of fact such as this negates the knowledge requirement, even if the belief was not reasonable. It only has to be a good faith belief.

No Knowledge of Possession
If you did not know that you possessed the stolen property, you cannot be convicted of receiving stolen property in California. For instance, if someone put a stolen item in your home without your knowledge, you are not guilty of receiving the stolen item.

Innocent Intent
If you receive stolen property with the intent to return it to the rightful owner or take it to the police, you are not guilty of receiving stolen property.
If, however, you receive the stolen property, then develop the intent to return it to the owner or bring it to the police, you are not entitled to this defense.
Similarly, if you receive the stolen property with the intent to return it or take it to the police, but then change your mind, you are not entitled to this defense.

Voluntary Intoxication
Voluntary intoxication may be a defense because it could negate the intent to receive stolen property. If you did not have the intent to receive stolen property, you cannot be convicted of receiving stolen property.

A person who receives stolen property from a thief and in turn disposes of it in a profitable manner is called a:

    a. Principal
    b. Fence
    c. Bailee
    d. Bailor
  • Which of the following is an element of larceny-theft?

      a. A trespassory taking
      b. A carrying away
      c. The intent to steal
      d. All of these are elements of larceny-theft
  • Under common law, which of the following was true in regard to arson?

      a. Negligence was sufficient to establish arson
      b. Criminal intent was not necessary
      c. The requirement of burning did not require that the dwelling be burned completely
      d. You could commit arson by burning your own dwelling
  • Which crime constitutes the largest number of property crimes in the United States in 2014?

      a. Robbery
      b. Arson
      c. Larceny-theft
      d. Burglary
  • ________________ refers to the theft of an automobile by use of force or the threat of force, especially force involving a deadly weapon.

      a. Carjacking
      b. Motor vehicle theft
      c. Hijacking
      d. Joyriding
  • Which crime involves the stealing of a person's social security number, possibly along with other personal identifiers such as a bank account number, and using that information to steal from the person?

      a. Cyberstalking
      b. Extortion
      c. Conversion
      d. Identity theft
  • What type of crime targets individuals with scams, willing to “invest” their savings and other assets in order to make the promised “big bucks?”

      a. Conversion
      b. Identity theft
      c. Extortion
      d. Fraud against the elderly
  • ______________________ is a property crime similar to larceny-theft in that it involves a crime against the property of another but dissimilar in that it does not require taking the property away or intending to deprive the owner of possession.

      a. Unauthorized use
      b. Fraud in the taking
      c. Reckless destruction
      d. Malicious mischief
  • Sarbanes-Oxley is the first and only federal statute to provide for claims to protect fired employees.

      a. insider trading
      b. securities fraud
      c. fraud in the inducement
      d. whistle-blower
  • ________________ refers to the process of using the property or goods of another for one's own use and without permission.

      a. Conversion
      b. Extortion
      c. Securities fraud
      d. Copyright infringement
  • In 1984, Congress added a section which type of crime to the federal statute that provides for sanctions against writing checks with insufficient funds as well as crimes associated with the failure of banks and other financial institutions?

      a. Bank fraud
      b. Theft
      c. Robbery
      d. Embezzlement
  • Which of the following is a crime referring to the entering or remaining unlawfully in or on the premises (including land, boats, or other vehicles) of another person under certain circumstances as specified by statute?

      a. Burglary
      b. Trespass
      c. Robbery
      d. Breaking and entering
  • __________________ refers to deceptively obtaining possession of goods from a victim who surrenders possession voluntarily and without knowledge of the deceit involved.

      a. Petit larceny
      b. Burglary
      c. Larceny by trick
      d. Robbery
  • __________________ possession is a legal doctrine that refers to the condition of having the power to control an item along with the intent to do so.

      a. Hostile
      b. Adverse
      c. Notorious
      d. Constructive
  • What refers to falsely representing a fact, either by conduct or by words or writing, in order to induce a person to rely on the misrepresentation and surrender something of value?

      a. Embezzlement
      b. Fraud
      c. Theft
      d. Conversion
  • What refers to misappropriating or misapplying property or money that was already entrusted to the individual?

      a. Theft
      b. Burglary
      c. Embezzlement
      d. Conversion
  • The common law arson requirement that the burning be of a/an was identical to that of common law burglary.

      a. Burning
      b. Dwelling
      c. Person
      d. All of the above
  • The official FBI crime data, published in the agency's annual UCR, lists how many serious property offenses?

    What is the most essential element of burglary?

    Burglary, on the other hand, is defined as the unlawful entry into a building, combined with the intent to steal property or commit a felony. The two parts - unlawful entry and intent of theft/felony - are the essential elements of a burglary.

    What is the most common form of larceny quizlet?

    What is the most common form of Larceny? Theft of car parts and accessories.

    What is first degree burglary in California?

    First-Degree Residential Burglary - Penal Code 460 PC In California, if you illegally enter somebody's home, apartment, rented room, or recreational vehicle to steal or commit a felony once inside, you could be charged under Penal Code 460 PC, a felony first-degree residential burglary.

    What is meant by the corpus delicti of a crime quizlet?

    Corpus delicti literally means "body of crime." To prove the corpus delicti of a crime is to show that a crime has in fact occurred. Doing so requires the state to demonstrate that a criminal law has been violated and that someone violated it.