SERIES 1700 BURGLARY AND RECEIVING STOLEN PROPERTY
F 1752 NOTES
TABLE OF CONTENTS
F 1752 Note 1 Owning Or Operating A Chop Shop—CALCRIM Cross-References And Research Notes
F 1752 Note 2 Operating A Chop Shop: Tampering With/False Verification Of VIN Numbers
F 1752 Note 3 Operating A Chop Shop: Aider And Abettor Liability
F 1752 Note 4 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)
F 1752 Note 5 Operating A Chop Shop (VC 10801)
F 1752 Note 6 Owning or Operating a Chop Shop: Definition Of “Operates”
Return to Series 1700 Table of Contents.
F 1752 Note 1 Owning Or Operating A Chop Shop—CALCRIM Cross-References And Research Notes
Research Notes:
See CLARAWEB Forum, Burglary And Receiving Stolen Property—Series 1700.
F 1752 Note 2 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.)
CALJIC NOTE: See FORECITE F 18.68 n3.
F 1752 Note 3 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.)
CALJIC NOTE: See FORECITE F 18.68 n4.
F 1752 Note 4 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.)
CALJIC NOTE: See FORECITE F 18.68 n5.
F 1752 Note 5 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.)
CALJIC NOTE: See FORECITE F 18.68 n1.
F 1752 Note 6 Owning or Operating a Chop Shop: Definition Of “Operates”
See People v. Ramirez (2000) 79 CA4th 408, 415 [defining term in context of PC 327 to require “control over or active involvement”]; see also Levenson & Ricciardulli, California Criminal Jury Instruction Handbook (West 2012-2013), § 7:2, Defense Perspective, p. 403.
