California Criminal Jury Instructions (CALCRIM) (2017)

1751. Defense to Receiving Stolen Property: Innocent Intent

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1751.Defense to Receiving Stolen Property: Innocent Intent
The defendant is not guilty of receiving (stolen/extorted) property if (he/
she) intended to (return the property to its owner/ [or] deliver the
property to law enforcement) when (he/she) (bought/received/concealed/
withheld) the property.
If you have a reasonable doubt about whether the defendant intended to
(return the property to its owner/ [or] deliver the property to law
enforcement) when (he/she) (bought/received/concealed/withheld) the
property, you must find (him/her) not guilty of receiving (stolen/
extorted) property.
[This defense does not apply if the defendant decided to (return the
property to its owner/ [or] deliver the property to law enforcement) only
after (he/she) wrongfully (bought/received/concealed/withheld) the
property.] [The defense [also] does not apply if the defendant intended
to (return the property to its owner/ [or] deliver the property to law
enforcement) when (he/she) (bought/received/concealed/withheld) it, but
later decided to (sell/conceal/withhold) the property.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to instruct on this defense if there is substantial
evidence supporting the defense and the defendant is relying on the defense or the
defense is not inconsistent with the defendant’s theory of the case. (People v.
Osborne (1978) 77 Cal.App.3d 472, 477 [143 Cal.Rptr. 582]; see People v. Sedeno
(1974) 10 Cal.3d 703, 716–717 [112 Cal.Rptr. 1, 518 P.2d 913],disapproved on
other grounds in People v. Flannel (1979) 25 Cal.3d 668, 684–685, fn. 12 [160
Cal. Rptr. 84, 603 P.2d 1] and in People v. Breverman (1998) 19 Cal.4th 142, 163,
fn. 10, 164–178 [77 Cal.Rptr.2d 870, 960 P.2d 1094]; People v. Burnham (1986)
176 Cal.App.3d 1134, 1139, fn. 3 [222 Cal.Rptr. 630].)
Related Instructions
For the general requirement of a union between an act and intent (Pen. Code, § 20),
see CALCRIM No. 250, Union of Act and Intent: General Intent.
AUTHORITY
• Instructional Requirements. People v. Osborne (1978) 77 Cal.App.3d 472, 476
[143 Cal.Rptr. 582].
• Burden of Proof. People v. Dishman (1982) 128 Cal.App.3d 717, 721–722
[180 Cal.Rptr. 467]; People v. Wielograf (1980) 101 Cal.App.3d 488, 494 [161
1129
0021
Cal.Rptr. 680].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against
Property, § 72.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143,
Crimes Against Property, § 143.03[1][d], [2][a] (Matthew Bender).
CALCRIM No. 1751 BURGLARY AND RECEIVING STOLEN PROPERTY
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