1. Definition and Elements of the Crime
During riots, natural disasters and other states of emergencies, there is always a risk that members of the public will take advantage of the chaos around them and will engage in theft and crime offenses. This happened in 1992 after the Rodney King verdict was announced and the entire city of Los Angeles was thrown into chaos. Many store owners suffered massive losses when looters stole all of their goods. Under California Penal Code Section 463 PC, the act of looting is a crime that can carry serious consequences for those convicted.
To prove that a defendant is guilty of looting, a prosecutor must be able to establish the following elements:
- The defendant committed commercial burglary, grand theft, petty theft or grand theft of a firearm
- During a state of emergency or local emergency.
The emergency can be natural, like an earthquake, flood or other natural disaster, or can be manmade like a riot or unlawful assembly.
2. Related Offenses
Other similar or related offenses include:
- Burglary - California Penal Code Section 459 PC
- Grand Theft – California Penal Code Section 487 PC
- Petty Theft – California Penal Code Section 484 PC
- Grand Theft of a Firearm – California Penal Code Section 487(d)(2) PC
- Participating in a Riot – California Penal Code Section 405 PC
- Unlawful Assembly – California Penal Code Section 408 PC
3. Examples
After winning a championship game, throngs of celebrating fans begin to riot in the streets around the sports arena. Fans begin smashing the windows of stores and stealing the items within. One of the revelers sees other people in an electronics store, so he goes inside and grabs a portable stereo. This man could be charged with looting as well as the underlying commercial burglary offense, because he broke into the store during a riot, which would be considered a manmade emergency, and committed a theft/burglary offense.
In another example, a town is devastated during a major earthquake and all roads and services are cut off. A man in desperation breaks into a local convenience store to take water, food and other necessities. This man probably would not be charged with looting under California Penal Code Section 463 PC, as he would have a strong necessity defense.
4. Defenses to Looting
As noted above, someone may have a valid defense to an allegation of looting if they committed the theft or burglary offense out of absolute necessity. In addition, if the underlying offense was not one of the ones specifically enumerated by statute, there would be no criminal liability for looting. That means that someone who fights in the streets during a riot could not be prosecuted for looting but could be prosecuted for another crime like battery, disturbing the peace, or participating in a riot.
5. Penalties
The penalties for looting depend on the underlying crime. Looting involving petty theft is a misdemeanor offense that can be punished by up to six months in jail and a minimum sentence of 90 days in jail. Looting associated with commercial burglary or grand theft is a “wobbler” offense that can be charged as either a felony or a misdemeanor, depending on the defendant’s criminal record and the factual circ*mstances of the case. For both the felony and misdemeanor charges, there is a minimum jail sentence of 180 days. For the misdemeanor, the maximum jail sentence is one year and the maximum prison sentence for the felony is three years. Looting involving grand theft of a firearm is always a felony that can be punished by up to three years in prison.
6. Criminal Defense for Looting Cases
Looting is a serious offense that can result in harsh penalties and a criminal conviction on one’s record. If you or someone you know are facing charges for looting, it is crucial that you speak with a reputable Los Angeles Criminal Defense Attorney right away. Los Angeles Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience. Mr. Kraut is highly regarded by judges, district attorneys and law enforcement officers as a tough, detail-oriented litigator who possesses a strong understanding of the law.
For more information about looting, and to schedule your free consultation, contact Los Angeles Criminal Defense Attorney Michael Kraut at the located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.
FAQs
Prosecution of Looting – California Penal Code 463
What is the penal code for looting in California? ›
In Penal Code § 463 PC, California law defines the crime of looting as taking advantage of a state of emergency to commit burglary, grand theft or petty theft.
What is Section 463 of the California vehicle Code? ›
Section 463. 463. “Park or parking” shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
What type of crime is looting? ›
Looting is a type of theft that occurs when people steal during riots, natural disasters, or other emergency situations. Typically, this is a crime of opportunity, and many people may go on a stealing spree at once at a store or group of stores.
What section of the California Penal Code is grand theft? ›
Grand theft under California Penal Code Section 487 PC covers theft offenses that would not qualify as petty theft, namely grand theft charges apply when: The theft involves a loss in excess of $950. The item stolen is a car or a gun. OR the item stolen was physically and directly taken off of a person.
What section of the California Penal Code is theft? ›
The crime of grand theft is described under California Penal Code 487 PC, which defines it as taking another person's property if the total value exceeds $950. If the value of the property taken is less than $950, it's petty theft under California Penal Code 484.
What is the Penal Code 43 in California? ›
43. Besides the personal rights mentioned or recognized in the Government Code, every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily restraint or harm, from personal insult, from defamation, and from injury to his personal relations.
What is law 463? ›
[Whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury], to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with ...
What is Section 463 of the California Revenue and Taxation Code? ›
(a) If any person who is required by law or is requested by the assessor to make an annual property statement fails to file an annual property statement within the time limit specified by Section 441 or make and subscribe the affidavit respecting his or her name and place of residence, a penalty of 10 percent of the ...
What is California Penal Code 4463? ›
California Vehicle Code 4463 VC is the statute that makes it a crime to engage in fraud or forgery regarding vehicle registration certificates, tags or stickers, license plates, or a smog test certificate. Prosecutors can charge this crime as a misdemeanor or a felony, called a “wobbler.”
Looting is the act of stealing, or the taking of goods by force, typically in the midst of a military, political, or other social crisis, such as war, natural disasters (where law and civil enforcement are temporarily ineffective), or rioting.
What is an example of looting? ›
Examples of 'looting' in a sentence looting
- The man said he had heard reports of looting and further shootings.
- There was mass looting going on. ...
- People confused looting with people going into survival mode.
- It has also been reported that local villagers have been looting the ship for equipment.
plunder applies to what is taken not only in war but in robbery, banditry, grafting, or swindling. booty implies plunder to be shared among confederates. prize applies to spoils captured on the high seas or territorial waters of the enemy. loot applies especially to what is taken from victims of a catastrophe.
What is the difference between theft and grand theft in California? ›
Grand vs Petty Theft
“Grand theft” under 487 PC is almost identical to the less serious crime of petty theft (shoplifting) under California law. Stealing is grand theft if the property taken is worth more than $950.
What is Section 487 A of the California Penal Code? ›
California Penal Code [CPC] §§487(a) – (d) – Grand Theft – Grand Theft occurs when anyone steals property or services worth more than $950. You can also violate Section 487 by stealing an automobile, a firearm, or fish (if stolen from a commercial fishery or a research operation).
Is PC 487 a wobbler? ›
PC 487 is a “wobbler” that can be filed by the prosecutor as either a misdemeanor or felony crime. If the property taken has a value of less than $950, then a misdemeanor charge of petty theft can be filed. California law calls theft the common crime that some would call stealing or larceny.
What is the penal code 6500 in California? ›
The most common commitment orders are: Welfare & Institutions Code, section 6500: This is used to commit people with intellectual disabilities who are found to be dangerous to themselves or others. The court must decide what is the least restrictive environment for the person to live.
What is the penal code 701 in California? ›
Witness Competency in California
Perception: Section 701 states that the witness must have personal knowledge of the matter they are testifying about. In other words, they must have perceived the events through their senses or have been aware of them through reliable means.
What is the penal code 530 in California? ›
Every person who falsely personates another, in either his private or official capacity, and in such assumed character receives any money or property, knowing that it is intended to be delivered to the individual so personated, with intent to convert the same to his own use, or to that of another person, or to deprive ...
What is the penal code 590 in California? ›
590. Every person who maliciously removes, destroys, injures, breaks or defaces any mile post, board or stone, or guide post erected on or near any highway, or any inscription thereon, is guilty of a misdemeanor.
