To prove that the defendant is guilty of this crime, the People
must prove that:
1. The defendant (bought/received/sold/aided in selling/
concealed or withheld from its owner/aided in concealing
or withholding from its owner) property that had been
(stolen/obtained by extortion);
[AND]
2. When the defendant (bought/received/sold/aided in selling/
concealed or withheld/aided in concealing or withholding)
the property, (he/she) knew that the property had been
(stolen/obtained by extortion)(;/.)
[AND
3. The defendant actually knew of the presence of the
property.]
[Property is stolen if it was obtained by any type of theft, or by
burglary or robbery. [Theft includes obtaining property by
larceny, embezzlement, false pretense, or trick.]]
[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.].[Property is stolen if it was obtained by any type of theft, or by
burglary or robbery. [Theft includes obtaining property by
larceny, embezzlement, false pretense, or trick.]]
[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.]
Copyright 2006 Judicial Council of California. Published by LexisNexis Matthew Bender,
official publisher of the Judicial Council Jury Instructions.[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.]