California Penal Code Section 463: Looting

Individuals who take advantage of emergency situations to commit certain acts of theft can be charged with looting in California. The state uses California Penal Code Section 463: Looting to prosecute individuals accused of this crime.

Go over the exact legal definitions for the actions involved in looting right here with the Simmrin Law Group. Get professional answers about the penalties for a looting conviction. You can even broaden your understanding of some of the legal defenses used against looting accusations.

Defining the Act of Looting in California

Looting is carefully defined by the court system in California under PC 463. According to this legal charge, individuals can be charged with looting if they:

Commit Petty Theft, Grand Theft, or Burglary
During a Local Emergency or a State of Emergency

Emergencies are events that are so severe that they cannot be handled by one city or one county. The resolution of emergency situations generally requires multiple areas to work together. Fires, riots, floods, earthquakes, and other natural disasters can all lead to emergencies in California. Note that emergencies may only be declared by:

Local Emergencies. A city or county’s governing body may declare a local emergency. It takes another order by that governing body to officially end a local emergency.
States of Emergency. The governor of California may declare a state of emergency in the state. He or she is also responsible for declaring the emergency over.

Focus on Looting by Petty Theft

We mentioned that looting can occur if an individual carries out petty theft, grand theft, or burglary in an emergency situation. Generally, individuals commit petty theft by stealing money or goods worth under $950.

However, in some cases, individuals may be charged with grand theft for stealing items worth under $950. The theft of any of the following items can result in grand theft charges, even if they are valued at less than $950:

Firearms
Horses
Motor Vehicles
Agricultural or Aquacultural Products

Penalties for Looting by Petty Theft

Individuals can face misdemeanor charges for looting by petty theft. A conviction can lead to the following penalties:

Fines of Up to $1,000
Jail Time of Up to Six Months

Focus on Looting by Grand Theft

Looting by grand theft charges may apply if an individual steals more than $950 worth of money or goods during a state of emergency or a local emergency. As we mentioned above, grand theft charges can also apply if individuals steal some goods that are worth under $950.

Penalties for Looting by Grand Theft

The court system may treat looting by grand theft as a misdemeanor or a felony. Note that this charge is always treated as a felony if an individual steals a firearm. The penalties for a misdemeanor can include:

Fines of Up to $1,000
Jail Time of Up to One Year

A felony conviction can result in:

Fines of Up to $10,000
Prison Time of Up to Three Years

Focus on Looting by Burglary

California defines looting by burglary as entering an uninhabited structure with the intention of committing a felony or theft during an emergency situation. Note that, according to this definition, individuals can be charged with looting by burglary even if they do not steal anything.

Penalties for Looting by Burglary

Either misdemeanor or felony charges can be used to prosecute looting by burglary in California. The penalties for a misdemeanor can add up to:

Fines of Up to $1,000
Jail Time of Up to One Year

Felony convictions for looting by burglary can include:

Fines of Up to $10,000
Jail Time of Up to Three Years

Defenses for Looting Charges in California

You can get help fighting against looting charges by reaching out to a criminal defense lawyer in Los Angeles. A legal professional can work to build your defense by showing that:

You Didn’t Intend to Commit a Crime

As we mentioned, some looting charges should only apply if you intended to commit theft or a felony. If you were not motivated by the desire to commit these acts, you could avoid a conviction for looting in California.

You Were Falsely Accused of Looting

Emergency situations can be difficult to understand. Many people become confused when faced with storms, fires, and other disasters. You could be confused for someone else in this situation, leading to a false looting accusation.

Get Professional Help Handling Looting Charges in California

Improve your odds of successfully resolving California Penal Code Section 463: Looting accusations by contacting the Simmrin Law Group now. Our team of criminal defense lawyers in Los Angeles can start working on your case with a FREE case evaluation.