CACI No. 1930

Elements (Pen. Code, § 496(c))

[Name of plaintiff] claims damages based on [name of defendant]’s [specify

the violation of Penal Code section 496(a) alleged, e.g., receiving stolen

property]. To establish this claim, [name of plaintiff] must prove all of the

following:

1. That [name of defendant] [bought/received/[specify other conduct]]

property that was [stolen/obtained by extortion];

2. That [name of defendant] knew the property was [stolen/obtained

by extortion] at the time [he/she/ nonbinary pronoun]

[bought/received/[specify other conduct]] the property;

3. That [name of plaintiff] was harmed; and

4. That [name of defendant]’s conduct was a substantial factor in

causing [name of plaintiff]’s harm.

Property is stolen if it was obtained by theft. Property is obtained by

theft if a person takes possession of property owned by someone else,

without the owner’s consent, and with the intent either to permanently

deprive the owner of that property or to deprive the owner of a major

portion of the value or enjoyment of the property for an extended period

of time.

[or]

Property is obtained by extortion if: (1) the property was obtained from

another person with that person’s consent, and (2) that person’s consent

was obtained through the use of force or fear.

[To receive property means to take possession and control of it. Mere

presence near or access to the property is not enough.] [Two or more

people can possess the property at the same time.] [A person does not

have to actually hold or touch something to possess it. It is enough if the

person has [control over it] [or] [the right to control it], either personally

or through another person.]

New July 2025