CALCRIM No. 1752. Owning or Operating a Chop Shop (Veh. Code, § 10801)
Judicial Council of California Criminal Jury Instructions (2020 edition)Download PDF
1752.Owning or Operating a Chop Shop (Veh. Code, § 10801)
The defendant is charged [in Count ] with owning or operating a
chop shop [in violation of Vehicle Code section 10801].
To prove that the defendant is guilty of this crime, the People must
1. The defendant knew that (he/she) (owned/ [or] operated) a chop
2. The defendant intentionally (owned/ [or] operated) the chop shop.
Achop shop is a building, lot, or other place where:
1. A person alters, destroys, takes apart, reassembles, or stores a
motor vehicle or motor vehicle part;
2. That person knows that the vehicle or part has been obtained by
theft, fraud, or conspiracy to defraud;
3. That person knows that the vehicle or part was obtained in order
a. Sell or dispose of the vehicle or part;
b. Alter, counterfeit, deface, destroy, disguise, falsify, forge,
obliterate, or remove the identity, including an identification
number, of the vehicle or part, in order to misrepresent its
identity or prevent its identification.
New January 2006
The court has a sua sponte duty to give this instruction defining the elements of the
• Elements. Veh. Code, § 10801.
• Chop Shop Defined. Veh. Code, § 250.
• Meaning of “Operate.” People v. Ramirez (2000) 79 Cal.App.4th 408, 414-415
[94 Cal.Rptr.2d 76].
LESSER INCLUDED OFFENSES
• Receiving Stolen Property. Pen. Code, § 496. There is a split in authority on
this issue. People v. Sanchez (2003) 113 Cal.App.4th 325, 333-334 [6
Cal.Rptr.3d 271] concluded that receiving stolen property is a lesser included
offense, but a defendant may be convicted of both offenses when different
property is involved in the two convictions. However, People v. Strohman (2000)
84 Cal.App.4th 1313, 1316 [101 Cal.Rptr.2d 520], reached the opposite
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, § 309.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes
Against Property, § 143.03[c] (Matthew Bender).
1753-1799. Reserved for Future Use
CALCRIM No. 1752 BURGLARY AND RECEIVING STOLEN PROPERTY