California Penal Code 463 – Looting

When a natural disaster, riot, or other statewide emergency occurs, people may succumb to chaos and commit crimes such as theft. Looting, a rare form of burglary or theft, happens specifically during states of emergency. California imposes harsh penalties on individuals convicted of looting to deter theft during civil unrest or natural disasters. If you face looting charges in San Diego, consult a qualified attorney immediately. Contact the Law Offices of Anna R. Yum today to schedule a free consultation.

An Overview of Looting Under California Law

The most famous case of looting occurred during the Los Angeles riots in 1992 when four policemen accused of using excessive force to beat and arrest Rodney King were found not guilty. Over six days, thousands of individuals poured into the streets and rioted, committing acts of assault, looting, and arson.

California Penal Code (PC) 463 defines looting as committing burglary, grand theft, or petty theft during a state-wide or local emergency. This occurs when state, local, or federal governments declare an emergency to protect property and people. Such declarations can be made when any emergency affects a specific area’s employees, infrastructure, or services.

Authorities can declare a state of emergency during the following:

• Public health crisis—This can include a pandemic of infectious diseases or widespread opioid abuse.
• Human-caused disasters include riots, oil spills, industrial accidents, unlawful assembly, and terrorist attacks, among other events.
• Natural disasters—These can include hurricanes, tornadoes, earthquakes, tsunamis, and floods. California experiences more wildfires than any other type of disaster.

Looting Through Burglary

Committing second-degree burglary during a local or state emergency constitutes the crime of looting. According to the law, second-degree burglary involves breaking into an unoccupied structure to steal valuable items or commit a felony inside. The structure could be:

• A store.
• Warehouse.
• Shop.

Looting Through Grand Theft

If you commit grand theft during a state or local emergency, you might also be charged with PC 463. Grand theft is defined as stealing anything worth $950 or more.

The passing of Prop 47 in 2014 changed the legal definition of grand theft. Previously, it applied to any vehicle or firearm theft, regardless of value. Now, stealing is only considered grand theft if the stolen item is valued at more than $950, excluding prior severe offenses committed by the accused.

Looting Through Petty Theft

You can also be charged with looting if you commit petty theft during a local or state emergency. Petty theft is defined as any theft crime not considered grand theft or theft in which the stolen goods are valued at less than $950.

Elements of the Crime

A prosecutor must demonstrate each element of the offense as specified by California state law to satisfy the burden of proof necessary to find you guilty of looting. According to California law, looting consists of three main elements.

• The defendant engaged in burglary, grand theft, or petty theft.
• The accused intended to commit burglary, grand theft, or petty theft.
• The accused person committed burglary or theft while a state of emergency was in effect, either in a designated location or elsewhere.

The prosecution cannot successfully argue that the accused person committed a looting crime as defined by law if any of these elements is not proven. Both burglary and theft involve specific intent. This means that the intent element cannot be satisfied if the perpetrator did not intend to permanently deprive the owner of their property or for a substantial period.

The defendant cannot be legally found guilty of looting if they reasonably believed they had the owner’s consent to take the belongings, as the intent element of theft or burglary is absent.

Depending on the facts of the case, prosecutors will move quickly to obtain a conviction. They will treat each case seriously, as taking advantage of the unrest after a riot or natural disaster is considered unethical. If the case involves violence or weapons, the prosecution may pursue felony charges.

Legal Penalties for Looting

In California, looting carries harsher penalties than other kinds of theft or burglary. For example, breaking into a department store intending to steal expensive clothes can result in a maximum sentence of six months in jail. The same offense committed during a riot could extend the jail sentence to a year or longer.

PC 463 punishes looting based on the nature of the underlying crime. As a wobbler offense, looting can be charged as either a misdemeanor or a felony, depending on specific factors, such as previous criminal history, petty theft, or breaking into a home or business. Consider these potential looting charges:

Penalties for Looting Through Burglary

Looting through burglary is considered a wobbler crime. This offense can be tried as a felony or a misdemeanor, depending on the prosecutor’s discretion. Typically, the decision is based on:

1. The circumstances surrounding the alleged crime.
2. The accused person’s criminal record.

The misdemeanor penalties associated with burglary-looting include:

• Summary/misdemeanor probation.
• Maximum sentence of one year in jail.
• Fines not exceeding $1,000.
• 240 hours of community service. This may include participating in a community rehabilitation program.

As a felony, burglary-looting is punishable by the following:

• Formal/ felony probation.
• 16 months, two years, or three years in jail under California Realignment Act AB 109.
• Fines not exceeding $10,000.
• 240 hours of community service.

Even if the offender is placed on probation, they must still spend a minimum of 180 days in jail for looting through burglary, regardless of whether the crime is charged as a felony or a misdemeanor.

After considering the defendant’s unique circumstances, the court may reduce or eliminate the minimum imprisonment term if it determines that doing so would better serve the interests of justice.

Looting-Grand Theft Penalties

Looting through grand theft is a wobbler crime unless the stolen goods involve firearms.

The possible consequences for grand theft by looting are nearly the same as those mentioned above, which include a 180-day minimum sentence in jail. The main difference is that community service requirements for a looting-grand theft crime are limited to 160 hours.

Penalties for Looting-Grand Theft Involving Firearms

The offense will always be tried as a felony if the accused person is charged with California PC 463 looting through grand theft and the stolen goods include a deadly weapon such as a gun.

The following are the penalties for looting through grand theft involving a firearm:

• Felony/formal probation provided the judge finds that serving a minimum of 180 days in jail would not be in the best interests of justice.
• A California state prison sentence of sixteen months, two years, or three years.
• Fines not exceeding $10,000.
• Community service hours not exceeding 160 hours.

Penalties For Looting Through Petty Theft

Looting through petty theft during a state of emergency is always prosecuted as a misdemeanor crime, unlike other types of looting. Penalties for petty theft and looting include:

• Misdemeanor/summary probation, unless the court decides it would not be in the interests of justice, with a minimum sentence of 90 days in jail.
• A maximum sentence is six months in jail.
• Fines not exceeding $1,000.
• Community service hours not exceeding 80 hours.

Probation

This is a period of monitoring and supervision rather than serving time behind bars. Certain looting cases may be eligible for probation instead of jail time. If placed on probation, defendants must perform 80 to 160 hours of community service. The admissibility of probation in any looting case depends on the specific facts and the accused party’s criminal record, if any.

A house arrest or work release sentence could be imposed instead of a prison term or as a probation condition. In looting cases, probation sentences are known as summary or informal probation. Rather than having a formal probation officer supervise the offender, the court oversees these sentences directly.

If a person behaves well in jail or on probation, their work release or jail sentence for looting offenses could be reduced by fifty percent (50%), also known as day-for-day credit.

PC 1170(H) Sentence

If the accused person is found guilty of looting but is not sentenced to probation, their jail sentence could be suspended or split. A split sentence involves serving half the time in jail and half under house arrest or work release. A suspended sentence means the offender will not have to serve time in prison if they comply with the terms of their release from custody.

Crime Involving Moral Turpitude (CIMT)

Looting is considered a moral turpitude (CIMT) crime involving deception or moral incorrectness. Professionals with licenses (such as dentists, physicians, and lawyers) and non-US citizens may face collateral consequences for crimes involving moral turpitude. If a non-US citizen is convicted of a PC 463 crime, they could be denied entry into the country, denied citizenship, or have their professional licenses suspended or revoked.

Why Is Looting Punished More Severely Than Other Crimes?

In the past, looting involved triumphant soldiers and civilians seizing goods during or after battles when the conquered people and troops were vulnerable. This custom was observed and managed but only in military situations. Authorities condemned and harshly punished looting during natural disasters.

Looters frequently stole during or following natural disasters or civil unrest as time passed. California is among the few jurisdictions that have laws specifically targeting this behavior.

Judges and prosecutors frequently punish looters more harshly than ordinary thieves in non-emergency situations. This discrepancy occurs because ordinary citizens, security, and law enforcement are absent during civil unrest or natural disasters, making home and business owners more vulnerable to theft or burglary.

What Makes Theft Different from Burglary?

During emergencies, authorities prosecute theft and burglary as looting. Though distinct, these crimes are closely related.

For example, theft occurs when someone takes another person’s property without permission, intending to permanently deprive them of their assets. Depending on the amount stolen and how the offender obtained the item, thefts are usually categorized as grand theft or petty theft.

A burglary occurs when someone enters a building or vehicle without permission, intending to steal or commit another crime (such as vandalism). Breaking into a residential building carries a harsher penalty than breaking into a commercial property.

Defenses For Looting Charges

Looting is often challenging for prosecutors to prove because the circumstances surrounding each incident are unique in one way or another. The evidence may be unreliable, there might be compelling reasons for the alleged looting, and police may violate laws governing search and seizure. Here are some of the defenses you could use in challenging looting charges:

1. Mistaken Identity

Police officers responding to emergencies may make mistakes, such as misidentifying individuals involved in illegal activities.

If you were present during a looting incident or riot and share the same ethnic background or race as many participants, you could be falsely accused of committing crimes. This might occur because law enforcement or witnesses confuse you with another person.

2. Acted In Good Faith

Looting charges may not apply if you committed theft or burglary in good faith during an emergency. For instance, if you entered a drugstore and took medication to treat an injured person.

3. You Had No Intention Of Looting

Many looting cases are based on claims that the accused broke in during a crisis. However, entering a building to steal something or commit a crime inside is the only way to be considered a burglary offense.

Without solid evidence that you planned to steal goods or commit any other crime, you could have been detained for looting if an emergency caused an establishment or building to be broken into and you were found inside. In such a scenario, you may contest the accusations by arguing that you had no malicious intent.

4. Unlawful Search and Seizures

Charges of looting usually stem from arrests made in chaotic and tense situations. During riots or unrest following natural disasters, law enforcement officers are often anxious, overworked, and occasionally enraged.

Police may act erratically or make mistakes in these circumstances. They can detain you without an arrest warrant or reasonable suspicion that you committed a crime. Police should not have probable cause to charge you for simply being present at the scene of an unruly public disturbance that they consider inconvenient.

The ideal criminal defense lawyers should also be experienced in civil rights law for these cases. They can ensure that an improper arrest does not result in an incorrect conviction for looting under PC 463.

What Other Crimes Can Law Enforcement Accuse You Of?

Common crimes charged alongside—or instead of—looting include:

Participating in a Riot (PC 404 and PC 405)

According to California PC 404, “rioting” is a separate offense. It involves acting in cooperation with other individuals to disturb the peace in public spaces by using or credibly threatening to use violence or force.

If law enforcement identifies you as the “ringleader” of a demonstration or other unrest that violates California’s looting legislation, you could face charges for both looting and rioting.

Rioting is classified as a misdemeanor crime. If found guilty, you could receive a one-year jail sentence and a fine of up to $1,000.

Vandalism (PC 594)

California’s vandalism law, PC 594, makes defacing, altering, destroying, or harming another person’s property illegal. The value of the damaged property determines the penalties for vandalism in California. If the cost of damage is less than $400, vandalism is considered a misdemeanor. However, if the damages exceed $400, it is a wobbler offense.

Vandalism usually carries a lighter sentence and is less stigmatized on a criminal record than looting. Therefore, in some cases, it might be essential to seek a reduction of looting charges to vandalism charges.

Criminal Trespass (PC 602)

California’s trespassing law prohibits unauthorized access to another individual’s property. Trespassing is usually classified as a misdemeanor.

Suppose you entered a business during an emergency, but insufficient evidence supports the prosecution’s claims that you took anything or committed burglary. Accepting a trespassing plea deal could be beneficial compared to facing PC 463 looting charges in this case or a similar situation.

Unauthorized Access Into A Restricted Area (PC 409.5) And Sightseeing During An Emergency (PC 402a)

Entering an area that police officers have closed due to a natural disaster, such as an earthquake, flood, explosion, or accident, is illegal, according to California’s PC 409.5 law. This law prohibits unauthorized access to restricted emergency areas. If you deliberately and knowingly enter the area after being asked to leave, you could face charges for such an offense.

PC 409.5(c) defines unauthorized access to a restricted area as a misdemeanor. As such, it may offer an advantageous plea deal for allegations of looting, as it carries less stigma and less severe punishments than looting charges.

A similar crime is PC 402(a), which prohibits sightseeing at an emergency site. This offense is filed against individuals who access or stop at an emergency site (whether the area has been sealed or not) and obstruct emergency workers from performing their duties. In any emergency, sightseeing is also a misdemeanor and may lead to reduced charges of looting.

The Role of a Theft Crime Lawyer in My Case

It is crucial to build a strong defense if you are accused of looting to protect your legal rights and livelihood. The following are the advantages of hiring an experienced attorney:

• Seek Legal Counsel

Hiring an accomplished criminal defense lawyer for theft crimes is crucial. An experienced lawyer who has prosecuted theft cases will know relevant statutes and case law. A skilled defense attorney will:

1. Evaluate the case details.
2. Gather evidence.
3. Create a defense strategy tailored to the accused person’s situation.

• Challenging the Evidence

A strong defense strategy carefully examines the evidence the prosecution has presented. This may include forensic evidence, witness statements, or surveillance recordings. The defense team must carefully evaluate whether the evidence was obtained legally, whether it is admissible in court, and whether it genuinely links the defendant to the alleged theft.

• Analyzing Police Protocols

Police protocols may have been broken when making arrests or conducting investigations. This might involve failing to read defendants their Miranda rights or conducting unauthorized searches and seizures. If procedural irregularities are found, the defense may submit requests to suppress evidence or ask for charges to be dropped.

• Investigating Duress or Coercion

Sometimes, coercion or duress can be used as a justification for looting. For example, threats of violence or harm to you or your loved ones can force you to steal against your will. In such circumstances, proof of duress or coercion can be a strong defense tactic.

• Creating a Compelling Argument

A solid defense tactic often involves developing a compelling argument that appeals to the jury or judge. The defense lawyer meticulously combines all pertinent evidence and points of contention to produce a convincing narrative that upholds the accused’s innocence.

• Preparing for Court Hearings

If the matter goes to trial, careful planning becomes crucial. Preparing opening and closing arguments, coaching witnesses, and anticipating the prosecution’s strategies are all essential components of a successful defense. A strong defense can effectively refute the prosecution’s case and mount a compelling challenge.

• Introducing Alibi Eyewitnesses

Sometimes, your attorney can use an alibi eyewitness to prove you were not present when the theft occurred. Alibi witnesses can testify in favor of the accused and raise legitimate doubts in the jury members’ minds.

• Plea Bargain Negotiation

Sometimes, the best course of action is to negotiate a plea deal. A competent defense lawyer can cooperate with the prosecutor to reduce the accused’s charges or secure a shorter sentence. This approach can be beneficial if there is substantial evidence against the accused, and a trial could lead to more severe consequences.

• Mitigating Factors

Another effective defense tactic is raising mitigating factors that could lessen the severity of the allegations or potential penalties. The court can consider a defendant’s clean criminal record, mental health conditions, or cooperation with law enforcement to negotiate a favorable outcome.

• Forensic Analysis And Expert Witnesses

Depending on the case details, forensic analysis, and expert witnesses can sometimes be very helpful in supporting a defense strategy. For example, a defense expert would carefully review the procedures and conclusions if a prosecutor uses forensic evidence to link a defendant to a crime scene. They might identify mistakes or provide other convincing explanations.

Find a San Diego Looting Crime Attorney Near Me

If you or a loved one faces looting charges in San Diego, consult with an experienced theft crime attorney immediately. They can defend your rights, answer your questions, explain the consequences of looting, and evaluate the prosecutor’s case against you. Contact the Law Offices of Anna R. Yum today for help and a free consultation. Call us at 619-493-3461 to speak with one of our lawyers now.