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F 18.68 n1 Operating A Chop Shop (VC 10801).
Owning or operating a chop shop requires the following elements: (1) stolen property, i.e., stolen motor vehicles/parts, (2) the defendant’s knowledge that the property was stolen, (3) possession of the stolen property, (4) the defendant’s intent to own or operate a place in which such stolen property is altered, destroyed, disassembled, dismantled, reassembled, or stored in order to change their identity or to sell them].) (See People v. Sanchez (2003) 113 CA4th 325.)
Operating a chop shop (VC 10801) does not require controlling the operation or supervising it, just active involvement. However, mere participation is not enough. (People v. Ramirez (2000) 79 CA4th 408, 415 [94 CR2d 76].)
F 18.68 n2 Operating A Chop Shop: Receiving As Lesser.
(See People v. King (2000) 81 CA4th 472, 475-78 [96 CR2d 817] [receiving stolen property (PC 496) is necessarily included offense of owning and operating a chop shop (VC 10801) so as to bar simultaneous convictions for both offenses]; see also People v. Sanchez (2003) 113 CA4th 325 [if the charge for receiving stolen property is predicated upon a chop shop’s possession of the same property, then the stolen property offense is a lesser included offense of the chop shop violation].)
F 18.68 n3 Operating A Chop Shop: Tampering With/False Verification Of VIN Numbers.
The false verification of vehicle identification numbers (VIN) by a person authorized to verify such numbers to the DMV pursuant to VC 675.5 constitutes a violation of VC 10802 [tampering with VIN to misrepresent and prevent identification]. However, conduct designed to prevent the identification of a vehicle that does not include tampering with the VIN numbers is not a violation of VC 10802. (People v. Joiner (2000) 84 CA4th 946, 966 [101 CR2d 270].)
F 18.68 n4 Operating A Chop Shop: Aider And Abettor Liability.
Aider and abettor liability for a VC 10802 [tampering with VIN to misrepresent and prevent identification] violation does not attach to conduct committed after the tampering with the vehicle identification number (VIN) has been completed. (People v. Joiner (2000) 84 CA4th 946, 966 [101 CR2d 270].)
F 18.68 n5 Operating A Chop Shop: Misdemeanor Vehicle Identification Number Tampering (VC 10750(a)) Not A Lesser Included Offense Of Tampering With VIN To Misrepresent And Prevent Identification (VC 10802).
(See People v. Joiner (2000) 84 CA4th 946, 971-73 [101 CR2d 270].)