Looting | Penal Code § 463

Description

The crime of Looting is the commission of petty theft, burglary or grand theft during a state of emergency. A state of emergency can be declared by a governing body as the result of riots, wildfire, storms, floods or earthquakes. Examples of Looting are breaking into a store during a flood or entering a building with a broken storefront for the purpose of stealing during a riot or participating with others in the unlawful entry with intent of theft.

What does the prosecutor have to prove?

1. Defendant committed a second-degree burglary in violation of Penal Code Section 459 punishable pursuant to Penal Code Section 461(2).
2. The burglary was committed during and within an affected county in a “state of emergency” or a “local emergency” resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster.
or
1. Defendant committed the crime of grand theft, as defined in Penal Code Section 487 or subdivision (a) of Section 487a, except grand theft of a firearm.
2. The grand theft was committed during and within an affected county in a “state of emergency” or a “local emergency” resulting from an earthquake, fire, flood, riot, or other natural or unnatural disaster.
or
1. Defendant committed the crime of grand theft of a firearm, as defined in Penal Code Section 487.
2. The grand theft of a firearm was committed during and within an affected county in a “state of emergency” or a “local emergency” resulting from an earthquake, fire, flood, riot, or other natural or unnatural disaster.
or
1. Defendant committed the crime of petty theft, as defined in Penal Code Section 488.
2. The petty theft was committed during and within an affected county in a “state of emergency” or a “local emergency” resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster.

Punishment

Felony: 16 months/2years/3years
With probation 180-364 days
Misdemeanor: 180-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	Yes
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No