Elements of a Chop Shop Case

Legal Definition of Owning or Operating a Chop Shop Under Vehicle Code § 10801

Under California law, Vehicle Code § 10801 makes it a crime to knowingly and intentionally own or operate a chop shop. A chop shop is any building, lot, or premises used to alter, destroy, disassemble, dismantle, reassemble, or store a stolen vehicle or vehicle part. However, to convict a person, the prosecution must also prove that the defendant knew that the vehicle or part was obtained in order to either:

1. Sell or dispose of the vehicle or part; or
2. Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity—including the identification number—of the vehicle or part to misrepresent its identity or prevent its identification.

To secure a conviction, the prosecution must establish the following elements beyond a reasonable doubt, as outlined in CALCRIM No. 1752:

• The Defendant Owned or Operated a Chop Shop
  
  • The defendant must have either:
    • Owned the premises where the illegal activities took place, or
    • Actively managed or participated in its operations.
    A person who merely visits or works at a location without control over its activities does not meet this requirement.
• The Defendant Knew the Nature of the Chop Shop
  
  • The defendant must have known that the premises were being used for illegal activities involving stolen vehicles or vehicle parts. This means the prosecution must prove the defendant was aware that stolen vehicles or parts were being altered, dismantled, or stored for illicit purposes.
• The Defendant Acted Intentionally
  
  • The defendant’s actions must have been deliberate. This means they must have knowingly and willingly participated in the ownership or operation of the chop shop rather than doing so by accident or without knowledge of illegal activity.
• The Defendant Knew the Vehicle or Part Was Stolen and Obtained for Illegal Purposes
  
  • A crucial element of this crime is that the defendant knew that the stolen vehicle or part was obtained for one of the following unlawful purposes:
    • To sell or dispose of it on the black market, or
    • To alter, disguise, or remove identifying marks, such as a VIN (Vehicle Identification Number), to prevent law enforcement or buyers from recognizing it as stolen.
    
  • This distinguishes a chop shop from a legal auto repair business and ensures that only those knowingly engaging in illegal conduct are prosecuted under Vehicle Code § 10801.

Defenses and Strategies

There are a number of possible defenses to this crime given the extremely complicated nature of the law surrounding it. It’s important that an attorney review any possible defenses you may have because each case is highly specific to the facts and circumstances of your case. There are several potential defenses to a Vehicle Code § 10801 charge, including:

1. Lack of Knowledge

If the defendant did not know that stolen vehicles or parts were being altered or stored on the premises, they cannot be convicted under this statute. The prosecution must prove beyond a reasonable doubt that the defendant had actual knowledge of the illegal activity.

2. Lack of Intent

Even if stolen vehicles or parts were present, the defendant may argue they had no intent to operate a chop shop. For example, a person who unwittingly rents out a property where illegal activities occur is not guilty if they were unaware of the criminal conduct.

3. Legitimate Business Operations

The defense may argue that the premises was a lawful auto repair or salvage business that legally acquired vehicles and parts. If the defense can show that the business had proper records and did not knowingly handle stolen parts, it may help defeat the charge.