Section § 484

Explanation

If someone receives money to pay for construction-related services, materials, or equipment and intentionally doesn't use it for that purpose, they're breaking this law.

For example, if they don't finish a project or pay for the work and misuse the funds elsewhere, they can be fined up to $10,000, jailed for up to a year, or both if the misused amount is over $2,350. If it's $2,350 or less, it's considered a misdemeanor.

Any person who receives money for the purpose of obtaining or paying for services, labor, materials or equipment and willfully fails to apply such money for such purpose by either willfully failing to complete the improvements for which funds were provided or willfully failing to pay for services, labor, materials or equipment provided incident to such construction, and wrongfully diverts the funds to a use other than that for which the funds were received, shall be guilty of a public offense and shall be punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and that imprisonment if the amount diverted is in excess of two thousand three hundred fifty dollars ($2,350). If the amount diverted is less than or equal to two thousand three hundred fifty dollars ($2,350), the person shall be guilty of a misdemeanor.

Section § 484

Explanation

If someone uses a fake voucher to get money from a construction loan and then spends the money on something other than the stated purpose, they are committing embezzlement.

Any person who submits a false voucher to obtain construction loan funds and does not use the funds for the purpose for which the claim was submitted is guilty of embezzlement.

Section § 484

Explanation

This section defines important terms related to access cards and their use. It explains who a cardholder is, what constitutes an access card, and distinguishes between valid, expired, revoked, and counterfeit cards. The role of retailers and card issuers is clarified, along with the meaning of an 'incomplete' access card, which lacks necessary details. The term 'traffic' is defined as transferring or obtaining control of a card, and 'card making equipment' refers to tools used to create access cards.

As used in this section and Sections 484e to 484j, inclusive:
(1)CA Penal Law Code § 484(1) “Cardholder” means any person to whom an access card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of an access card to another person.
(2)CA Penal Law Code § 484(2) “Access card” means any card, plate, code, account number, or other means of account access that can be used, alone or in conjunction with another access card, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds, other than a transfer originated solely by a paper instrument.
(3)CA Penal Law Code § 484(3) “Expired access card” means an access card which shows on its face it has elapsed.
(4)CA Penal Law Code § 484(4) “Card issuer” means any person who issues an access card or the agent of that person with respect to that card.
(5)CA Penal Law Code § 484(5) “Retailer” means every person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of an access card by a cardholder.
(6)CA Penal Law Code § 484(6) An access card is “incomplete” if part of the matter other than the signature of the cardholder which an issuer requires to appear on the access card before it can be used by a cardholder has not been stamped, embossed, imprinted, or written on it.
(7)CA Penal Law Code § 484(7) “Revoked access card” means an access card which is no longer authorized for use by the issuer, that authorization having been suspended or terminated and written notice thereof having been given to the cardholder.
(8)CA Penal Law Code § 484(8) “Counterfeit access card” means any access card that is counterfeit, fictitious, altered, or forged, or any false representation or depiction of an access card or a component thereof.
(9)CA Penal Law Code § 484(9) “Traffic” means to transfer or otherwise dispose of property to another, or to obtain control of property with intent to transfer or dispose of it to another.
(10)CA Penal Law Code § 484(10) “Card making equipment” means any equipment, machine, plate, mechanism, impression, or other device designed, used, or intended to be used to produce an access card.

Section § 484

Explanation

This law addresses the illegal handling of access cards (like credit or debit cards). If someone sells, transfers, or gives away an access card without the owner's permission, with the intent to deceive, they're committing grand theft. If a person gets access cards from four or more different people within a year, knowing they were obtained illegally, they are also guilty of grand theft. Holding on to someone else's access card or their card information, without permission and intending to fraudulently use it, also counts as grand theft. Simply possessing an access card without intending to use it fraudulently is considered petty theft.

(a)CA Penal Law Code § 484(a) Every person who, with intent to defraud, sells, transfers, or conveys, an access card, without the cardholder’s or issuer’s consent, is guilty of grand theft.
(b)CA Penal Law Code § 484(b) Every person, other than the issuer, who within any consecutive 12-month period, acquires access cards issued in the names of four or more persons which he or she has reason to know were taken or retained under circumstances which constitute a violation of subdivision (a), (c), or (d) is guilty of grand theft.
(c)CA Penal Law Code § 484(c) Every person who, with the intent to defraud, acquires or retains possession of an access card without the cardholder’s or issuer’s consent, with intent to use, sell, or transfer it to a person other than the cardholder or issuer is guilty of petty theft.
(d)CA Penal Law Code § 484(d) Every person who acquires or retains possession of access card account information with respect to an access card validly issued to another person, without the cardholder’s or issuer’s consent, with the intent to use it fraudulently, is guilty of grand theft.

Section § 484

Explanation

This law makes it illegal to create or use fake credit or debit cards with the intent to deceive others. If someone designs, makes, or uses a counterfeit card, they are committing forgery.

Additionally, if anyone other than the cardholder, or someone they have authorized, signs someone else's name or a fake name on a card transaction document with fraudulent intent, they are also guilty of forgery.

(a)CA Penal Law Code § 484(a) Every person who, with the intent to defraud, designs, makes, alters, or embosses a counterfeit access card or utters or otherwise attempts to use a counterfeit access card is guilty of forgery.
(b)CA Penal Law Code § 484(b) A person other than the cardholder or a person authorized by him or her who, with the intent to defraud, signs the name of another or of a fictitious person to an access card, sales slip, sales draft, or instrument for the payment of money which evidences an access card transaction, is guilty of forgery.

Section § 484

Explanation

This law makes it illegal for anyone to use a credit card or card information improperly to obtain money, goods, services, or anything else valuable with the intent to cheat or deceive.

If you use a card that has been altered, stolen, forged, expired, or revoked, or if you lie about being the rightful cardholder, it's considered theft. If the total amount stolen is more than $950 over six months, it is classified as grand theft, which is a more serious crime.

Every person who, with the intent to defraud, (a) uses, for the purpose of obtaining money, goods, services, or anything else of value, an access card or access card account information that has been altered, obtained, or retained in violation of Section 484e or 484f, or an access card which he or she knows is forged, expired, or revoked, or (b) obtains money, goods, services, or anything else of value by representing without the consent of the cardholder that he or she is the holder of an access card and the card has not in fact been issued, is guilty of theft. If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950) in any consecutive six-month period, then the same shall constitute grand theft.

Section § 484

Explanation

This law targets retailers or individuals who commit fraud using access cards. It states that if someone knowingly uses a fraudulent, counterfeit, or stolen access card to pay for goods, services, or anything valuable, or accepts a payment for such fraudulent transactions, they are guilty of theft. If the total exceeds $950 over six months, it's considered grand theft.

Similarly, if someone presents a sales slip for payment but does not provide equivalent value in return, they are also guilty of theft. If this fraudulent discrepancy is more than $950 over six months, it's classified as grand theft.

Every retailer or other person who, with intent to defraud:
(a)CA Penal Law Code § 484(a) Furnishes money, goods, services or anything else of value upon presentation of an access card obtained or retained in violation of Section 484e or an access card which he or she knows is a counterfeit access card or is forged, expired, or revoked, and who receives any payment therefor, is guilty of theft. If the payment received by the retailer or other person for all money, goods, services, and other things of value furnished in violation of this section exceeds nine hundred fifty dollars ($950) in any consecutive six-month period, then the same shall constitute grand theft.
(b)CA Penal Law Code § 484(b) Presents for payment a sales slip or other evidence of an access card transaction, and receives payment therefor, without furnishing in the transaction money, goods, services, or anything else of value that is equal in value to the amount of the sales slip or other evidence of an access card transaction, is guilty of theft. If the difference between the value of all money, goods, services, and anything else of value actually furnished and the payment or payments received by the retailer or other person therefor upon presentation of a sales slip or other evidence of an access card transaction exceeds nine hundred fifty dollars ($950) in any consecutive six-month period, then the same shall constitute grand theft.

Section § 484

Explanation

This California law deals with unauthorized actions related to access cards, like credit cards. It makes it illegal to possess or manipulate incomplete cards with the intent of using them without permission. This includes altering card information in a way that causes charges to be wrongly billed to someone else, which is considered forgery. Additionally, creating, possessing, or distributing equipment or materials to make fake cards is also illegal, with potential jail time as a consequence.

(a)CA Penal Law Code § 484(a) Every person who possesses an incomplete access card, with intent to complete it without the consent of the issuer, is guilty of a misdemeanor.
(b)CA Penal Law Code § 484(b) Every person who, with the intent to defraud, makes, alters, varies, changes, or modifies access card account information on any part of an access card, including information encoded in a magnetic stripe or other medium on the access card not directly readable by the human eye, or who authorizes or consents to alteration, variance, change, or modification of access card account information by another, in a manner that causes transactions initiated by that access card to be charged or billed to a person other than the cardholder to whom the access card was issued, is guilty of forgery.
(c)CA Penal Law Code § 484(c) Every person who designs, makes, possesses, or traffics in card making equipment or incomplete access cards with the intent that the equipment or cards be used to make counterfeit access cards, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

Section § 484

Explanation

This law states that if someone shares or publishes access numbers, like credit card numbers or computer passwords, with the intent that they be used to avoid paying legal charges or to commit fraud, they are committing a misdemeanor. "Publish" means sharing this information with others by any means, like talking, writing, or posting online.

Any person who publishes the number or code of an existing, canceled, revoked, expired or nonexistent access card, personal identification number, computer password, access code, debit card number, bank account number, or the numbering or coding which is employed in the issuance of access cards, with the intent that it be used or with knowledge or reason to believe that it will be used to avoid the payment of any lawful charge, or with intent to defraud or aid another in defrauding, is guilty of a misdemeanor. As used in this section, “publishes” means the communication of information to any one or more persons, either orally, in person or by telephone, radio or television, or on a computer network or computer bulletin board, or in a writing of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper or magazine article, or book.

Section § 484

Explanation

This law outlines what constitutes theft. It includes stealing or taking someone else's property, misusing property you were trusted with, or using deceit to obtain someone else's money or property. The value of what was taken is based on fair market value or agreed prices, and any false statements to obtain these are considered ongoing. Additionally, if you rent something worth more than $1,000, you're presumed to have committed theft if you don't return it within 10 days after a written demand, or 20 days for items worth less. If you use fake ID to rent something and don’t return it, that’s also considered theft, even without a return demand.

There are rules for how and when owners need to demand their property back, and these presumptions shift the burden of proof in court.

(a)CA Penal Law Code § 484(a) Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft. In determining the value of the property obtained, for the purposes of this section, the reasonable and fair market value shall be the test, and in determining the value of services received the contract price shall be the test. If there be no contract price, the reasonable and going wage for the service rendered shall govern. For the purposes of this section, any false or fraudulent representation or pretense made shall be treated as continuing, so as to cover any money, property or service received as a result thereof, and the complaint, information or indictment may charge that the crime was committed on any date during the particular period in question. The hiring of any additional employee or employees without advising each of them of every labor claim due and unpaid and every judgment that the employer has been unable to meet shall be prima facie evidence of intent to defraud.
(b)Copy CA Penal Law Code § 484(b)
(1)Copy CA Penal Law Code § 484(b)(1) Except as provided in Section 10855 of the Vehicle Code, where a person has leased or rented the personal property of another person pursuant to a written contract, and that property has a value greater than one thousand dollars ($1,000) and is not a commonly used household item, intent to commit theft by fraud shall be rebuttably presumed if the person fails to return the personal property to its owner within 10 days after the owner has made written demand by certified or registered mail following the expiration of the lease or rental agreement for return of the property so leased or rented.
(2)CA Penal Law Code § 484(b)(2) Except as provided in Section 10855 of the Vehicle Code, where a person has leased or rented the personal property of another person pursuant to a written contract, and where the property has a value no greater than one thousand dollars ($1,000), or where the property is a commonly used household item, intent to commit theft by fraud shall be rebuttably presumed if the person fails to return the personal property to its owner within 20 days after the owner has made written demand by certified or registered mail following the expiration of the lease or rental agreement for return of the property so leased or rented.
(c)CA Penal Law Code § 484(c) Notwithstanding the provisions of subdivision (b), if one presents with criminal intent identification which bears a false or fictitious name or address for the purpose of obtaining the lease or rental of the personal property of another, the presumption created herein shall apply upon the failure of the lessee to return the rental property at the expiration of the lease or rental agreement, and no written demand for the return of the leased or rented property shall be required.
(d)CA Penal Law Code § 484(d) The presumptions created by subdivisions (b) and (c) are presumptions affecting the burden of producing evidence.
(e)CA Penal Law Code § 484(e) Within 30 days after the lease or rental agreement has expired, the owner shall make written demand for return of the property so leased or rented. Notice addressed and mailed to the lessee or renter at the address given at the time of the making of the lease or rental agreement and to any other known address shall constitute proper demand. Where the owner fails to make such written demand the presumption created by subdivision (b) shall not apply.

Section § 484.1

Explanation

This law makes it a crime for a person to lie about their identity or ownership of property to get money or valuable things from a pawnbroker or secondhand dealer. If someone is found guilty, the court might order them to pay back the pawnbroker or secondhand dealer for their losses, on top of any other punishment. When it's time for sentencing, the probation officer must inform the pawnbroker or dealer about when and where the sentencing will happen.

(a)CA Penal Law Code § 484.1(a) Any person who knowingly gives false information or provides false verification as to the person’s true identity or as to the person’s ownership interest in property or the person’s authority to sell property in order to receive money or other valuable consideration from a pawnbroker or secondhand dealer and who receives money or other valuable consideration from the pawnbroker or secondhand dealer is guilty of theft.
(b)CA Penal Law Code § 484.1(b) Upon conviction of the offense described in subdivision (a), the court may require, in addition to any sentence or fine imposed, that the defendant make restitution to the pawnbroker or secondhand dealer in an amount not exceeding the actual losses sustained pursuant to the provisions of subdivision (c) of Section 13967 of the Government Code, as operative on or before September 28, 1994, if the defendant is denied probation, or Section 1203.04, as operative on or before August 2, 1995, if the defendant is granted probation or Section 1202.4.
(c)CA Penal Law Code § 484.1(c) Upon the setting of a court hearing date for sentencing of any person convicted under this section, the probation officer, if one is assigned, shall notify the pawnbroker or secondhand dealer or coin dealer of the time and place of the hearing.

Section § 485

Explanation

If you find lost property and it seems like you could figure out who owns it, you must try to return it to them. If you don’t make a reasonable effort to do so and instead decide to keep it or give it to someone else, it's considered theft.

One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.

Section § 486

Explanation

This law divides theft into two categories based on severity: grand theft and petty theft.

Theft is divided into two degrees, the first of which is termed grand theft; the second, petty theft.

Section § 487

Explanation

Grand theft in California is when someone illegally takes money, labor, real estate, or personal property worth over $950, except for certain exceptions.

For farm crops or aquacultural products, if they exceed $250 in value, it's considered grand theft. Additionally, if an employee steals a total of $950 or more over a year from their employer, it's also grand theft.

Taking something directly from another person, or stealing cars or guns, automatically qualifies as grand theft, regardless of the amount.

If someone steals more than $950 total through connected acts or schemes, even if across different locations or against different victims, it's grand theft if it can be shown that these acts are all part of one plan or intention.

Grand theft is theft committed in any of the following cases:
(a)CA Penal Law Code § 487(a) When the money, labor, real property, or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b).
(b)CA Penal Law Code § 487(b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases:
(1)Copy CA Penal Law Code § 487(b)(1)
(A)Copy CA Penal Law Code § 487(b)(1)(A) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250).
(B)CA Penal Law Code § 487(b)(1)(A)(B) For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value.
(2)CA Penal Law Code § 487(b)(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250).
(3)CA Penal Law Code § 487(b)(3) Where the money, labor, real property, or personal property is taken by a servant, agent, or employee from their principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period.
(c)CA Penal Law Code § 487(c) When the property is taken from the person of another.
(d)CA Penal Law Code § 487(d) When the property taken is any of the following:
(1)CA Penal Law Code § 487(d)(1) An automobile.
(2)CA Penal Law Code § 487(d)(2) A firearm.
(e)CA Penal Law Code § 487(e) If the value of the money, labor, real property, or personal property taken exceeds nine hundred fifty dollars ($950) over the course of distinct but related acts, including acts committed against multiple victims or in counties other than the county of the current offense, the value of the money, labor, real property, or personal property taken may properly be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one general impulse, and one plan. Evidence that distinct acts are motivated by one intention, one general impulse, and one plan may include, but is not limited to, evidence that the acts involve the same defendant or defendants, are substantially similar in nature, or occur within a 90-day period.

Section § 487

Explanation

This law makes it a serious crime, called grand theft, to steal or unlawfully take any livestock such as horses, cows, sheep, pigs, or other similar animals. This includes leading, driving, or even using false promises to fraudulently take these animals from their rightful owner. Additionally, it's grand theft to steal the carcass or any part of it of these animals if they belong to someone else and you did not have permission to take them.

(a)CA Penal Law Code § 487(a) Every person who feloniously steals, takes, carries, leads, or drives away any horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or pig, which is the personal property of another, or who fraudulently appropriates that same property which has been entrusted to him or her, or who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of that same property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of that same property, is guilty of grand theft.
(b)CA Penal Law Code § 487(b) Every person who shall feloniously steal, take, transport or carry the carcass of any bovine, caprine, equine, ovine, or suine animal or of any mule, jack or jenny, which is the personal property of another, or who shall fraudulently appropriate such property which has been entrusted to him or her, is guilty of grand theft.
(c)CA Penal Law Code § 487(c) Every person who shall feloniously steal, take, transport, or carry any portion of the carcass of any bovine, caprine, equine, ovine, or suine animal or of any mule, jack, or jenny, which has been killed without the consent of the owner thereof, is guilty of grand theft.

Section § 487

Explanation

This law states that if someone illegally converts another person's real estate, worth $250 or more, into personal property by removing it and intends to steal it, they are committing grand theft. This crime can result in imprisonment according to specific sentencing guidelines.

Every person who converts real estate of the value of two hundred fifty dollars ($250) or more into personal property by severance from the realty of another, and with felonious intent to do so, steals, takes, and carries away that property is guilty of grand theft and is punishable by imprisonment pursuant to subdivision (h) of Section 1170.

Section § 487

Explanation

If someone cuts off and takes part of another person's land or buildings, and it's worth less than $250, with the intention of stealing it, they are committing petty theft. This could lead to up to one year in county jail, a fine of up to $1,000, or both.

Every person who converts real estate of the value of less than two hundred fifty dollars ($250) into personal property by severance from the realty of another, and with felonious intent to do so steals, takes, and carries away that property is guilty of petty theft and is punishable by imprisonment in the county jail for not more than one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

Section § 487

Explanation

If someone unlawfully takes or tries to take gold dust, amalgam, or quicksilver from someone else's mining site or equipment, like a tunnel or sluice, it's considered grand theft. This crime can lead to imprisonment according to specific sentencing rules.

Every person who feloniously steals, takes, and carries away, or attempts to take, steal, and carry from any mining claim, tunnel, sluice, undercurrent, riffle box, or sulfurate machine, another’s gold dust, amalgam, or quicksilver is guilty of grand theft and is punishable by imprisonment pursuant to subdivision (h) of Section 1170.

Section § 487

Explanation

This California law states that if someone steals a companion animal valued over $950, they are committing grand theft. A companion animal includes pets like dogs and cats that people keep for companionship, emotional support, service, or protection. However, this definition does not include feral animals, such as wild cats.

(a)CA Penal Law Code § 487(a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value exceeding nine hundred fifty dollars ($950) is guilty of grand theft.
(b)Copy CA Penal Law Code § 487(b)
(1)Copy CA Penal Law Code § 487(b)(1) For purposes of this section, “companion animal” means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.
(2)CA Penal Law Code § 487(b)(2) For purposes of this section, “companion animal” excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code.

Section § 487

Explanation

This law says that if someone intentionally steals a pet belonging to someone else and the pet is worth $950 or less, it's considered petty theft. Pets or companion animals include dogs, cats, or any animal a person keeps for companionship or emotional support.

However, the law does not consider feral animals, like feral cats, as companion animals.

(a)CA Penal Law Code § 487(a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value not exceeding nine hundred fifty dollars ($950) is guilty of petty theft.
(b)Copy CA Penal Law Code § 487(b)
(1)Copy CA Penal Law Code § 487(b)(1) For purposes of this section, “companion animal” means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.
(2)CA Penal Law Code § 487(b)(2) For purposes of this section, “companion animal” excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code.

Section § 487

Explanation

This law makes it a crime to steal or take someone else's animal with the intent to sell it, use it for medical research, slaughter, or any other commercial purpose. It also applies if someone tricks another person into giving up an animal for these purposes. Offenders can be punished by up to a year in county jail or time in state prison.

Every person who steals or maliciously takes or carries away any animal of another for purposes of sale, medical research, slaughter, or other commercial use, or who knowingly, by any false representation or pretense, defrauds another person of any animal for purposes of sale, medical research, slaughter, or other commercial use is guilty of a public offense punishable by imprisonment in a county jail not exceeding one year or in the state prison.

Section § 487

Explanation

This law states that if someone steals cargo worth more than $950, they commit grand theft unless exceptions in other sections apply. Cargo includes any goods or products loaded in trailers, railcars, or cargo containers that are either waiting to be transported or already in transit.

(a)CA Penal Law Code § 487(a) Every person who steals, takes, or carries away cargo of another, if the cargo taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in Sections 487, 487a, and 487d, is guilty of grand theft.
(b)CA Penal Law Code § 487(b) For the purposes of this section, “cargo” means any goods, wares, products, or manufactured merchandise that has been loaded into a trailer, railcar, or cargo container, awaiting or in transit.

Section § 487

Explanation

If someone cheats a public housing program out of over $400, they're committing grand theft.

Any person who defrauds a housing program of a public housing authority of more than four hundred dollars ($400) is guilty of grand theft.

Section § 487

Explanation

If someone steals copper materials like wire, cable, tubing, or piping worth more than $950, it's considered grand theft. The punishment can include a fine up to $2,500, up to a year in county jail, or both. In some cases, there’s also a possibility of severe penalties with a fine up to $10,000 and imprisonment under special provisions.

Every person who steals, takes, or carries away copper materials of another, including, but not limited to, copper wire, copper cable, copper tubing, and copper piping, which are of a value exceeding nine hundred fifty dollars ($950) is guilty of grand theft. Grand theft of copper shall be punishable by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 and a fine not exceeding ten thousand dollars ($10,000).

Section § 487

Explanation

If someone steals tractors, all-terrain vehicles, or other equipment used for farming or producing food, and the value is over $950, they are committing grand theft. This type of theft involves taking items that help produce food for the public.

A person who steals, takes, or carries away tractors, all-terrain vehicles, or other agricultural equipment, or any portion thereof, used in the acquisition or production of food for public consumption, which are of a value exceeding nine hundred fifty dollars ($950), is guilty of grand theft.

Section § 487

Explanation

This law states that if an employer intentionally steals more than $950 in wages from one employee or more than $2,350 in total from two or more employees within a year, it can be considered grand theft. 'Theft of wages' includes unlawfully withholding wages, tips, benefits, or other compensation knowing it's owed to the employee.

An 'employee' can also be an independent contractor, and an 'employer' includes whoever hires the contractor. Stolen wages can be recovered through restitution, and employees or the Labor Commissioner can still file civil lawsuits for these acts. This law does not alter the existing scope of grand theft laws.

(a)CA Penal Law Code § 487(a) Notwithstanding Sections 215 and 216 of the Labor Code, the intentional theft of wages in an amount greater than nine hundred fifty dollars ($950) from any one employee, or two thousand three hundred fifty dollars ($2,350) in the aggregate from two or more employees, by an employer in any consecutive 12-month period may be punished as grand theft.
(b)CA Penal Law Code § 487(b) For purposes of this section, “theft of wages” is the intentional deprivation of wages, as defined in Section 200 of the Labor Code, gratuities, as defined in Section 350 of the Labor Code, benefits, or other compensation, by unlawful means, with the knowledge that the wages, gratuities, benefits, or other compensation is due to the employee under the law.
(c)CA Penal Law Code § 487(c) For purposes of this section, “employee” includes an independent contractor and “employer” includes the hiring entity of an independent contractor.
(d)CA Penal Law Code § 487(d) Wages, gratuities, benefits, or other compensation that are the subject of a prosecution under this section may be recovered as restitution in accordance with Sections 1202.4 and 1203.1. This section does not prohibit the employee or the Labor Commissioner from commencing a civil action to seek remedies provided for under the Labor Code for acts prosecuted under this section.
(e)CA Penal Law Code § 487(e) This section does not constitute a change in, and does not expand or limit the scope of conduct prohibited by, Section 487.

Section § 488

Explanation

This section means that if a theft doesn't fall under any other specific category, it is considered petty theft.

Theft in other cases is petty theft.

Section § 489

Explanation

This law explains the punishments for grand theft in California. If a firearm is stolen, the offender may face 16 months, two years, or three years in state prison. If the theft involves certain animals or their carcasses, the penalty is up to one year in county jail or imprisonment under specific conditions, or a fine up to $5,000, with fine proceeds helping finance livestock theft investigations. For all other grand thefts not involving firearms or specific animals, the punishment is up to a year in county jail or similar conditions. In counties with rural crime prevention programs, certain fines contribute to these programs.

Grand theft is punishable as follows:
(a)CA Penal Law Code § 489(a) If the grand theft involves the theft of a firearm, by imprisonment in the state prison for 16 months, or two or three years.
(b)CA Penal Law Code § 489(b) If the grand theft involves a violation of Section 487a, by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. The proceeds of this fine shall be allocated to the Bureau of Livestock Identification to be used, upon appropriation by the Legislature, for purposes relating to the investigation of cases involving grand theft of any animal or animals, or of the carcass or carcasses of, or any portion of the carcass or carcasses of, any animal specified in Section 487a.
(c)Copy CA Penal Law Code § 489(c)
(1)Copy CA Penal Law Code § 489(c)(1) In all other convictions for grand theft not described in either subdivision (a) or (b), by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(2)CA Penal Law Code § 489(c)(2) In a county participating in a rural crime prevention program pursuant to Title 11.5 (commencing with Section 14170) or Title 11.7 (commencing with Section 14180) of Part 4, the proceeds of a fine imposed pursuant to a conviction for a violation of Section 487k shall be allocated by the Controller, upon appropriation by the Legislature, to the Central Valley Rural Crime Prevention Program and the Central Coast Rural Crime Prevention Program, in accordance with the schedule specified in paragraph (12) of subdivision (c) of Section 13821.

Section § 490

Explanation

In California, if someone commits petty theft, they can either be fined up to $1,000, jailed for up to six months, or both. Petty theft involves stealing items of relatively low value.

Petty theft is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or both.

Section § 490

Explanation

Any time a California law mentions larceny, embezzlement, or stealing, it should be understood as referring to "theft." This means that these terms are interchangeable in legal texts within the state.

Wherever any law or statute of this state refers to or mentions larceny, embezzlement, or stealing, said law or statute shall hereafter be read and interpreted as if the word “theft” were substituted therefor.

Section § 490.1

Explanation

This law addresses petty theft where the stolen item's value is $50 or less. If someone with no previous theft convictions is charged, it can be classified as either a misdemeanor or an infraction, which is a less severe offense, depending on the prosecutor's choice.

If it's treated as an infraction, the person might have to pay a fine of up to $250. This decision and the resulting penalty rely on certain legal provisions specified elsewhere.

(a)CA Penal Law Code § 490.1(a) Petty theft, where the value of the money, labor, real or personal property taken is of a value which does not exceed fifty dollars ($50), may be charged as a misdemeanor or an infraction, at the discretion of the prosecutor, provided that the person charged with the offense has no other theft or theft-related conviction.
(b)CA Penal Law Code § 490.1(b) Any offense charged as an infraction under this section shall be subject to the provisions of subdivision (d) of Section 17 and Sections 19.6 and 19.7.
A violation which is an infraction under this section is punishable by a fine not exceeding two hundred fifty dollars ($250).

Section § 490.2

Explanation

This law states that if someone steals property valued at $950 or less, it is considered petty theft, which is usually a misdemeanor. However, if the person has certain recent criminal convictions, they may face harsher penalties. Importantly, this rule doesn’t apply to thefts that can be classified as infractions or involve stealing firearms.

(a)CA Penal Law Code § 490.2(a) Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.
(b)CA Penal Law Code § 490.2(b) This section shall not be applicable to any theft that may be charged as an infraction pursuant to any other provision of law.
(c)CA Penal Law Code § 490.2(c) This section shall not apply to theft of a firearm.

Section § 490.3

Explanation

This law allows the total value of all items stolen in multiple theft or shoplifting incidents to be combined into one charge. The combined value then determines the severity of the theft offense.

Notwithstanding any other law, in any case involving one or more acts of theft or shoplifting, including, but not limited to, violations of Sections 459.5, 484, 488, and 490.2, the value of property or merchandise stolen may be aggregated into a single count or charge, with the sum of the value of all property or merchandise being the values considered in determining the degree of theft.

Section § 490.4

Explanation

This law defines organized retail theft and outlines the consequences for those involved. It targets individuals who work with others to steal goods from stores or online to sell or return for value. It also covers those who knowingly buy or hold stolen items, and those who plan or direct theft activities.

Consequences can include up to a year in county jail, especially if the thefts occur multiple times in a year and surpass $950 in value. Judges can consider any evidence showing the defendant collaborated with others or used tools for theft. Convicted individuals might be ordered to avoid specific retail locations as part of their probation.

(a)CA Penal Law Code § 490.4(a) A person who commits any of the following acts is guilty of organized retail theft and shall be punished pursuant to subdivision (b):
(1)CA Penal Law Code § 490.4(a)(1) Acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange, or return the merchandise for value.
(2)CA Penal Law Code § 490.4(a)(2) Acts in concert with two or more persons to receive, purchase, or possess merchandise described in paragraph (1), knowing or believing it to have been stolen.
(3)CA Penal Law Code § 490.4(a)(3) Acts as an agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft.
(4)CA Penal Law Code § 490.4(a)(4) Recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake any of the acts described in paragraph (1) or (2) or any other statute defining theft of merchandise.
(b)CA Penal Law Code § 490.4(b) Organized retail theft is punishable as follows:
(1)CA Penal Law Code § 490.4(b)(1) If violations of paragraph (1), (2), or (3) of subdivision (a) are committed on two or more separate occasions within a 12-month period, and if the aggregated value of the merchandise stolen, received, purchased, or possessed within that 12-month period exceeds nine hundred fifty dollars ($950), the offense is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(2)CA Penal Law Code § 490.4(b)(2) Any other violation of paragraph (1), (2), or (3) of subdivision (a) that is not described in paragraph (1) of this subdivision is punishable by imprisonment in a county jail not exceeding one year.
(3)CA Penal Law Code § 490.4(b)(3) A violation of paragraph (4) of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(c)CA Penal Law Code § 490.4(c) For the purpose of determining whether the defendant acted in concert with another person or persons in any proceeding, the trier of fact may consider any competent evidence, including, but not limited to, all of the following:
(1)CA Penal Law Code § 490.4(c)(1) The defendant has previously acted in concert with another person or persons in committing acts constituting theft, or any related offense, including any conduct that occurred in counties other than the county of the current offense, if relevant to demonstrate a fact other than the defendant’s disposition to commit the act.
(2)CA Penal Law Code § 490.4(c)(2) That the defendant used or possessed an artifice, instrument, container, device, or other article capable of facilitating the removal of merchandise from a retail establishment without paying the purchase price and use of the artifice, instrument, container, or device or other article is part of an organized plan to commit theft.
(3)CA Penal Law Code § 490.4(c)(3) The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption, and the property is intended for resale.
(d)CA Penal Law Code § 490.4(d) In a prosecution under this section, the prosecutor shall not be required to charge any other coparticipant of the organized retail theft.
(e)CA Penal Law Code § 490.4(e) Upon conviction of an offense under this section, the court shall consider ordering, as a condition of probation, that the defendant stay away from retail establishments with a reasonable nexus to the crime committed.

Section § 490.5

Explanation

This law deals with the consequences and procedures related to petty theft of merchandise from stores and materials from libraries. If someone is found guilty of this theft for the first time, they could be fined between $50 and $1,000, face up to six months in jail, or both. Parents of minors who commit this theft can be held financially responsible up to $500. Adults and emancipated minors are also liable for damages up to $500, plus the value of unrecovered items.

Merchants, theater owners, and librarians are allowed to detain suspects if they reasonably believe theft has occurred, using non-deadly force if necessary. There are protections for these individuals against lawsuits if they acted with probable cause. Furthermore, fines collected can be used for educational programs aimed at reducing theft.

(a)CA Penal Law Code § 490.5(a) Upon a first conviction for petty theft involving merchandise taken from a merchant’s premises or a book or other library materials taken from a library facility, a person shall be punished by a mandatory fine of not less than fifty dollars ($50) and not more than one thousand dollars ($1,000) for each such violation; and may also be punished by imprisonment in the county jail, not exceeding six months, or both such fine and imprisonment.
(b)CA Penal Law Code § 490.5(b) When an unemancipated minor’s willful conduct would constitute petty theft involving merchandise taken from a merchant’s premises or a book or other library materials taken from a library facility, any merchant or library facility who has been injured by that conduct may bring a civil action against the parent or legal guardian having control and custody of the minor. For the purposes of those actions the misconduct of the unemancipated minor shall be imputed to the parent or legal guardian having control and custody of the minor. The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this subdivision shall be jointly and severally liable with the minor to a merchant or to a library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the parent or legal guardian shall be jointly and severally liable with the minor to the merchant for the retail value of the merchandise if it is not recovered in a merchantable condition, or to a library facility for the fair market value of its book or other library materials. Recovery of these damages may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of that court, or in any other appropriate court; however, total damages, including the value of the merchandise or book or other library materials, shall not exceed five hundred dollars ($500) for each action brought under this section.
The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies, except that the provisions of Section 1714.1 of the Civil Code shall not apply herein.
(c)CA Penal Law Code § 490.5(c) When an adult or emancipated minor has unlawfully taken merchandise from a merchant’s premises, or a book or other library materials from a library facility, the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the adult or emancipated minor shall be liable to the merchant for the retail value of the merchandise if it is not recovered in merchantable condition, or to a library facility for the fair market value of its book or other library materials. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies.
(d)CA Penal Law Code § 490.5(d) In lieu of the fines prescribed by subdivision (a), any person may be required to perform public services designated by the court, provided that in no event shall any such person be required to perform less than the number of hours of such public service necessary to satisfy the fine assessed by the court as provided by subdivision (a) at the minimum wage prevailing in the state at the time of sentencing.
(e)CA Penal Law Code § 490.5(e) All fines collected under this section shall be collected and distributed in accordance with Sections 1463 and 1463.1 of the Penal Code; provided, however, that a county may, by a majority vote of the members of its board of supervisors, allocate any amount up to, but not exceeding 50 percent of such fines to the county superintendent of schools for allocation to local school districts. The fines allocated shall be administered by the county superintendent of schools to finance public school programs, which provide counseling or other educational services designed to discourage shoplifting, theft, and burglary. Subject to rules and regulations as may be adopted by the Superintendent of Public Instruction, each county superintendent of schools shall allocate such funds to school districts within the county which submit project applications designed to further the educational purposes of this section. The costs of administration of this section by each county superintendent of schools shall be paid from the funds allocated to the county superintendent of schools.
(f)Copy CA Penal Law Code § 490.5(f)
(1)Copy CA Penal Law Code § 490.5(f)(1) A merchant may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant’s premises.
A theater owner may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the theater owner has probable cause to believe the person to be detained is attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater.
A person employed by a library facility may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the person employed by a library facility has probable cause to believe the person to be detained is attempting to unlawfully remove or has unlawfully removed books or library materials from the premises of the library facility.
(2)CA Penal Law Code § 490.5(2) In making the detention a merchant, theater owner, or a person employed by a library facility may use a reasonable amount of nondeadly force necessary to protect himself or herself and to prevent escape of the person detained or the loss of tangible or intangible property.
(3)CA Penal Law Code § 490.5(3) During the period of detention any items which a merchant or theater owner, or any items which a person employed by a library facility has probable cause to believe are unlawfully taken from the premises of the merchant or library facility, or recorded on theater premises, and which are in plain view may be examined by the merchant, theater owner, or person employed by a library facility for the purposes of ascertaining the ownership thereof.
(4)CA Penal Law Code § 490.5(4) A merchant, theater owner, a person employed by a library facility, or an agent thereof, having probable cause to believe the person detained was attempting to unlawfully take or has taken any item from the premises, or was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater, may request the person detained to voluntarily surrender the item or recording. Should the person detained refuse to surrender the recording or item of which there is probable cause to believe has been recorded on or unlawfully taken from the premises, or attempted to be recorded or unlawfully taken from the premises, a limited and reasonable search may be conducted by those authorized to make the detention in order to recover the item. Only packages, shopping bags, handbags or other property in the immediate possession of the person detained, but not including any clothing worn by the person, may be searched pursuant to this subdivision. Upon surrender or discovery of the item, the person detained may also be requested, but may not be required, to provide adequate proof of his or her true identity.
(5)CA Penal Law Code § 490.5(5) If any person admitted to a theater in which a motion picture is to be or is being exhibited, refuses or fails to give or surrender possession or to cease operation of any video recording device that the person has brought into or attempts to bring into that theater, then a theater owner shall have the right to refuse admission to that person or request that the person leave the premises and shall thereupon offer to refund and, unless that offer is refused, refund to that person the price paid by that person for admission to that theater. If the person thereafter refuses to leave the theater or cease operation of the video recording device, then the person shall be deemed to be intentionally interfering with and obstructing those attempting to carry on a lawful business within the meaning of Section 602.1.
(6)CA Penal Law Code § 490.5(6) A peace officer who accepts custody of a person arrested for an offense contained in this section may, subsequent to the arrest, search the person arrested and his or her immediate possessions for any item or items alleged to have been taken.
(7)CA Penal Law Code § 490.5(7) In any civil action brought by any person resulting from a detention or arrest by a merchant, it shall be a defense to such action that the merchant detaining or arresting such person had probable cause to believe that the person had stolen or attempted to steal merchandise and that the merchant acted reasonably under all the circumstances.
In any civil action brought by any person resulting from a detention or arrest by a theater owner or person employed by a library facility, it shall be a defense to that action that the theater owner or person employed by a library facility detaining or arresting that person had probable cause to believe that the person was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater or had stolen or attempted to steal books or library materials and that the person employed by a library facility acted reasonably under all the circumstances.
(g)CA Penal Law Code § 490.5(g) As used in this section:
(1)CA Penal Law Code § 490.5(g)(1) “Merchandise” means any personal property, capable of manual delivery, displayed, held or offered for retail sale by a merchant.
(2)CA Penal Law Code § 490.5(g)(2) “Merchant” means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any premises used for the retail purchase or sale of any personal property capable of manual delivery.
(3)CA Penal Law Code § 490.5(g)(3) “Theater owner” means an owner or operator, and the agent, employee, consignee, lessee, or officer of an owner or operator, of any premises used for the exhibition or performance of motion pictures to the general public.
(4)CA Penal Law Code § 490.5(g)(4) The terms “book or other library materials” include any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual material in any format, magnetic or other tape, electronic data-processing record, artifact, or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, on loan to, or otherwise in the custody of a library facility.
(5)CA Penal Law Code § 490.5(g)(5) The term “library facility” includes any public library; any library of an educational, historical or eleemosynary institution, organization or society; any museum; any repository of public records.
(h)CA Penal Law Code § 490.5(h) Any library facility shall post at its entrance and exit a conspicuous sign to read as follows:
“IN ORDER TO PREVENT THE THEFT OF BOOKS AND LIBRARY MATERIALS, STATE LAW AUTHORIZES THE DETENTION FOR A REASONABLE PERIOD OF ANY PERSON USING THESE FACILITIES SUSPECTED OF COMMITTING “LIBRARY THEFT” (PENAL CODE SECTION 490.5).”

Section § 490.6

Explanation

This law allows amusement park employees to detain someone if they have a good reason to think the person is breaking park rules. They can hold the person for a short time to investigate what's happening.

If someone at the park doesn't follow the rules even after being told, employees can ask them to either comply or leave. If the person refuses, they're seen as disrupting the park's business.

If a person sues the park over being detained, the park can defend itself by showing that the employee had a good reason to believe the person was breaking the rules and acted fairly.

(a)CA Penal Law Code § 490.6(a) A person employed by an amusement park may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the person employed by the amusement park has probable cause to believe the person to be detained is violating lawful amusement park rules.
(b)CA Penal Law Code § 490.6(b) If any person admitted to an amusement park refuses or fails to follow lawful amusement park rules, after being so informed, then an amusement park employee may request that the person either comply or leave the premises. If the person refuses to leave the premises or comply with lawful park rules, then the person shall be deemed to be intentionally interfering with and obstructing those attempting to carry on a lawful business within the meaning of Section 602.1.
(c)CA Penal Law Code § 490.6(c) In any civil action brought by any person resulting from a detention or an arrest by a person employed by an amusement park, it shall be a defense to that action that the amusement park employee detaining or arresting the person had probable cause to believe that the person was not following lawful amusement park rules and that the amusement park employee acted reasonably under all the circumstances.

Section § 490.7

Explanation

This law is designed to protect free newspapers from being taken in large quantities for unauthorized purposes, like selling them for cash or harming competitors. Basically, people can't take more than 25 copies of a free newspaper to recycle for money, sell, prevent others from reading, or hurt a rival business. There are exceptions for owners and publishers, who can allow more copies to be taken if stated upfront. Violating this can lead to fines or even jail time, but taking newspapers isn't considered theft under this law. The rules don't change existing laws about taking private property.

(a)CA Penal Law Code § 490.7(a) The Legislature finds that free newspapers provide a key source of information to the public, in many cases providing an important alternative to the news and ideas expressed in other local media sources. The Legislature further finds that the unauthorized taking of multiple copies of free newspapers, whether done to sell them to recycling centers, to injure a business competitor, to deprive others of the opportunity to read them, or for any other reason, injures the rights of readers, writers, publishers, and advertisers, and impoverishes the marketplace of ideas in California.
(b)CA Penal Law Code § 490.7(b) No person shall take more than twenty-five (25) copies of the current issue of a free or complimentary newspaper if done with the intent to do one or more of the following:
(1)CA Penal Law Code § 490.7(b)(1) Recycle the newspapers for cash or other payment.
(2)CA Penal Law Code § 490.7(b)(2) Sell or barter the newspaper.
(3)CA Penal Law Code § 490.7(b)(3) Deprive others of the opportunity to read or enjoy the newspaper.
(4)CA Penal Law Code § 490.7(b)(4) Harm a business competitor.
(c)CA Penal Law Code § 490.7(c) This section does not apply to the owner or operator of the newsrack in which the copies are placed, the owner or operator of the property on which the newsrack is placed, the publisher, the printer, the distributor, the deliverer of the newspaper, or to any advertiser in that issue, or to any other person who has the express permission to do so from any of these entities.
(d)CA Penal Law Code § 490.7(d) Any newspaper publisher may provide express permission to take more than twenty-five (25) copies of the current issue of a free or complimentary newspaper by indicating on the newsrack or in the newspaper itself, that people may take a greater number of copies if they wish.
(e)CA Penal Law Code § 490.7(e) A first violation of subdivision (b) shall be an infraction punishable by a fine not exceeding two hundred fifty dollars ($250). A second or subsequent violation shall be punishable as an infraction or a misdemeanor. A misdemeanor conviction under this section is punishable by a fine not exceeding five hundred dollars ($500), imprisonment of up to 10 days in a county jail, or by both that fine and imprisonment. The court may order community service in lieu of the punishment otherwise provided for an infraction or misdemeanor in the amount of 20 hours for an infraction, and 40 hours for a misdemeanor. A misdemeanor conviction under this section shall not constitute a conviction for petty theft.
(f)CA Penal Law Code § 490.7(f) This section shall not be construed to repeal, modify, or weaken any existing legal prohibitions against the taking of private property.
(g)CA Penal Law Code § 490.7(g) For purposes of this section, an issue is current if no more than half of the period of time until the distribution of the next issue has passed.

Section § 490.8

Explanation

This law allows courts to issue restraining orders keeping someone out of a store if they've been convicted of crimes like shoplifting, theft, organized retail theft, vandalism, assault, or battery at that store. The order can last up to two years and might include other store locations if part of a chain. A restraining order can also be requested if someone has been arrested multiple times for such crimes at the same store. Before issuing an order, the court considers the potential hardship on the individual, like lack of nearby alternatives for essential goods. If someone breaks this order, it's a misdemeanor, and they can be prosecuted for any other offenses committed during the violation. Sometimes, courts may offer diversion programs as an alternative. The law outlines procedures for serving these orders and their documentation.

(a)CA Penal Law Code § 490.8(a) A court sentencing a defendant for any violation described in subdivision (b) shall consider issuing an order restraining the defendant from entering the premises of the retail establishment, that may be valid for up to two years, as determined by the court.
(b)CA Penal Law Code § 490.8(b) Subdivision (a) shall apply to a person convicted of any of the following offenses:
(1)CA Penal Law Code § 490.8(b)(1) Shoplifting in violation of Section 459.5.
(2)CA Penal Law Code § 490.8(b)(2) Any theft, including a violation of Section 487 or 488, from a retail establishment.
(3)CA Penal Law Code § 490.8(b)(3) Organized retail theft in violation of Section 490.4.
(4)CA Penal Law Code § 490.8(b)(4) Any vandalism of a retail establishment in violation of Section 594.
(5)CA Penal Law Code § 490.8(b)(5) Any assault or battery of an employee of a retail establishment while that person is working at the retail establishment, including a violation of Section 240, 242, or 245.
(c)Copy CA Penal Law Code § 490.8(c)
(1)Copy CA Penal Law Code § 490.8(c)(1) An order issued pursuant to subdivision (a) shall prohibit the restrained person from entering the retail establishment, or being present on the grounds of, or any parking lot adjacent to and used to service, the retail establishment.
(2)CA Penal Law Code § 490.8(c)(2) If the retail establishment is part of a chain or franchise, the court may include other retail establishments in that chain or franchise within a specified geographic range in the order.
(d)CA Penal Law Code § 490.8(d) In determining whether to impose a retail crime restraining order pursuant to subdivision (a) or (e), the court shall consider whether the retail establishment is the only place that sells food, pharmaceuticals, or other basic life necessities within one mile of where the individual resides, or otherwise creates undue hardship for the individual.
(e)Copy CA Penal Law Code § 490.8(e)
(1)Copy CA Penal Law Code § 490.8(e)(1) A prosecuting attorney, city attorney, county counsel, or attorney representing a retail establishment may file a petition requesting a retail crime restraining order for an individual who has been arrested, including, but not limited to, the issuance of a citation in lieu of a custodial arrest pursuant to Section 853.6, two or more times for any of the offenses listed in subdivision (b) within the same retail establishment.
(2)CA Penal Law Code § 490.8(e)(2) An order issued pursuant to this subdivision shall be issued after a hearing.
(3)CA Penal Law Code § 490.8(e)(3) The respondent shall be personally served with notice of the hearing and shall be entitled to representation by court-appointed counsel.
(4)CA Penal Law Code § 490.8(e)(4) The petitioner shall bear the burden of proving, by a preponderance of the evidence, that the respondent, on two or more separate occasions, committed an offense described in subdivision (b) within the retail establishment or on the grounds thereof.
(5)CA Penal Law Code § 490.8(e)(5) The court may issue an order restraining the respondent from entering the premises of the retail establishment for a period not to exceed two years if the court finds by a preponderance of the evidence that both of the following are true:
(A)CA Penal Law Code § 490.8(e)(5)(A) The respondent, on two or more separate occasions, committed an offense described in subdivision (b) within the retail establishment or on the grounds thereof.
(B)CA Penal Law Code § 490.8(e)(5)(B) There is a substantial likelihood that the individual will return to the retail establishment.
(6)Copy CA Penal Law Code § 490.8(e)(6)
(A)Copy CA Penal Law Code § 490.8(e)(6)(A) An order issued pursuant to this subdivision shall prohibit the restrained person from entering the retail establishment, or being present on the grounds of, or any parking lot adjacent to and used to service, the retail establishment.
(B)CA Penal Law Code § 490.8(e)(6)(A)(B) If the retail establishment is part of a chain or franchise, the court may include other retail establishments in that chain or franchise within a specified geographic range in the order.
(f)CA Penal Law Code § 490.8(f) A violation of an order issued pursuant to this section is punishable as a misdemeanor. Declarative of existing law, prosecution under this section shall not preclude prosecution for any other offenses committed during a violation of this section.
(g)CA Penal Law Code § 490.8(g) Notwithstanding Section 853.6, an officer arresting a person for a violation of this section is not required to release the person pursuant to a written notice to appear.
(h)CA Penal Law Code § 490.8(h) Declarative of existing law, a court may offer an individual charged with a violation of this section an opportunity to participate in a diversion program for which they are eligible, including those described in Title 6 (commencing with Section 976) of Part 2.
(i)CA Penal Law Code § 490.8(i) If a person subject to a retail crime restraining order issued pursuant to this section was not present in court at the time the order was issued or renewed, the retail crime restraining order shall be personally served on the restrained person by a law enforcement officer, or by a person as provided in Section 414.10 of the Code of Civil Procedure.
(j)CA Penal Law Code § 490.8(j) The Judicial Council may prescribe the form of the petitions and orders and any other documents, and may promulgate any rules of court, necessary to implement this section.

Section § 491

Explanation

This law states that companion animals, like dogs and cats kept for companionship or service, are considered personal property. Their value is determined the same way as any other property. However, feral animals, like certain wild cats, are not classified as companion animals under this law.

(a)CA Penal Law Code § 491(a) Companion animals are personal property, and their value is to be ascertained in the same manner as the value of other property.
(b)Copy CA Penal Law Code § 491(b)
(1)Copy CA Penal Law Code § 491(b)(1) For purposes of this section, “companion animal” means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection.
(2)CA Penal Law Code § 491(b)(2) For purposes of this section, “companion animal” excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code.

Section § 492

Explanation

This law explains how to determine the value of something stolen if it involves a debt, written agreement, or similar document. Essentially, the value of the stolen item is equal to the amount of money that the document claims or promises, but hasn't yet been paid or collected, or the worth of the item if the document relates to ownership.

If the thing stolen consists of any evidence of debt, or other written instrument, the amount of money due thereupon, or secured to be paid thereby, and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence thereof, is the value of the thing stolen.

Section § 493

Explanation

This law states that if someone steals a ticket or any document that claims to provide transportation on a public vehicle like a train or ship, the value of the stolen item is the regular price at which similar tickets are sold by the transportation company.

If the thing stolen is any ticket or other paper or writing entitling or purporting to entitle the holder or proprietor thereof to a passage upon any railroad or vessel or other public conveyance, the price at which tickets entitling a person to a like passage are usually sold by the proprietors of such conveyance is the value of such ticket, paper, or writing.

Section § 494

Explanation

This law states that if someone takes a financial instrument, like a check, bond, or plane ticket, that has been prepared and is ready to be handed out, the rules in this chapter still apply even if the owner hasn't yet given it to anyone.

All the provisions of this Chapter apply where the property taken is an instrument for the payment of money, evidence of debt, public security, or passage ticket, completed and ready to be issued or delivered, although the same has never been issued or delivered by the makers thereof to any person as a purchaser or owner.

Section § 495

Explanation

If someone takes a part of the property or a fixture that is attached to the land, and removes it at the same time they take it, this is treated the same way under the law as if someone else had removed it earlier.

The provisions of this Chapter apply where the thing taken is any fixture or part of the realty, and is severed at the time of the taking, in the same manner as if the thing had been severed by another person at some previous time.

Section § 496

Explanation

This law deals with handling stolen property. If you knowingly buy, receive, or hide stolen stuff, you could go to jail for up to a year. If the stolen goods are worth less than $950 and you have no serious prior offenses, it's considered a minor crime with less severe punishment.

If the thief is caught in the act, they can't be double-punished both for theft and receiving stolen goods. If you're a swap meet vendor or in the business of buying or selling goods and you buy property valued over $950 without checking if it’s stolen, you also face jail time.

For goods worth $950 or less, it’s a misdemeanor if no reasonable effort was made to verify legality. Victims of such crimes can sue for triple the damages plus legal costs. Attempting these acts is also punishable.

(a)CA Penal Law Code § 496(a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, if the value of the property does not exceed nine hundred fifty dollars ($950), the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if such person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.
A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property.
(b)CA Penal Law Code § 496(b) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170.
Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor.
(c)CA Penal Law Code § 496(c) Any person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney’s fees.
(d)CA Penal Law Code § 496(d) Notwithstanding Section 664, any attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

Section § 496

Explanation

If you are a dealer or collector of junk or secondhand materials, it's illegal to buy or receive certain metals like wire or copper without ensuring the seller is legally allowed to sell them, especially if those items are commonly used by utility companies or public services. Doing so can lead to jail time or fines.

Additionally, you must confirm the seller's identity by collecting information such as their name, address, driver's license number, and vehicle details.

You also need to keep a record of the transaction, including a description of the materials bought, as required by another business law.

(a)CA Penal Law Code § 496(a) Every person who is a dealer in or collector of junk, metals, or secondhand materials, or the agent, employee, or representative of such dealer or collector, and who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass which he or she knows or reasonably should know is ordinarily used by or ordinarily belongs to a railroad or other transportation, telephone, telegraph, gas, water, or electric light company, or a county, city, city and county, or other political subdivision of this state engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering the same has a legal right to do so, is guilty of criminally receiving that property, and shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(b)CA Penal Law Code § 496(b) Any person who buys or receives material pursuant to subdivision (a) shall obtain evidence of his or her identity from the seller, including, but not limited to, that person’s full name, signature, address, driver’s license number, and vehicle license number, and the license number of the vehicle delivering the material.
(c)CA Penal Law Code § 496(c) The record of the transaction shall include an appropriate description of the material purchased and the record shall be maintained pursuant to Section 21607 of the Business and Professions Code.

Section § 496

Explanation

If you're a dealer or collector of second-hand books and you buy or receive books or literary materials that belong to a public library, college, or university without confirming legally that the seller has the right to do so, you can be charged with a crime. If the items are worth more than $50, it’s a serious offense with penalties that could include up to a year in jail or a fine up to twice the item's value, or both. For items worth $50 or less, it's a lesser offense with potential penalties of up to a month in jail or a fine up to twice the item's value, or both.

Every person who, being a dealer in or collector of second-hand books or other literary material, or the agent, employee or representative of such dealer, or collector, buys or receives any book, manuscript, map, chart, or other work of literature, belonging to, and bearing any mark or indicia of ownership by a public or incorporated library, college or university, without ascertaining by diligent inquiry that the person selling or delivering the same has a legal right to do so, is guilty of criminally receiving such property in the first degree if such property be of the value of more than fifty dollars, and is punishable by imprisonment in the county jail for not more than one year, or by a fine of not more than twice the value of the property received, or by both such fine and imprisonment; and is guilty of criminally receiving such property in the second degree if such property be of the value of fifty dollars or under, and is punishable by imprisonment in the county jail for not more than one month, or by a fine of not more than twice the value of the property received, or by both such fine and imprisonment.

Section § 496

Explanation

This law makes it a crime to make or possess unauthorized copies of private, unpublished documents that relate to real estate titles, such as papers, books, maps, or files, without the owner's consent. If someone takes such information with the intention of using or selling it for real estate title business purposes, they're committing theft. It also covers anyone who encourages this act with rewards or valuables, and those who knowingly receive such stolen information. Any such documents are considered personal property, and their value is determined by the cost of acquiring and compiling them.

Any person who shall copy, transcribe, photograph or otherwise make a record or memorandum of the contents of any private and unpublished paper, book, record, map or file, containing information relating to the title to real property or containing information used in the business of examining, certifying or insuring titles to real property and belonging to any person, firm or corporation engaged in the business of examining, certifying, or insuring titles to real property, without the consent of the owner of such paper, book, record, map or file, and with the intent to use the same or the contents thereof, or to dispose of the same or the contents thereof to others for use, in the business of examining, certifying, or insuring titles to real property, shall be guilty of theft, and any person who shall induce another to violate the provisions of this section by giving, offering, or promising to such another any gift, gratuity, or thing of value or by doing or promising to do any act beneficial to such another, shall be guilty of theft; and any person who shall receive or acquire from another any copy, transcription, photograph or other record or memorandum of the contents of any private and unpublished paper, book, record, map or file containing information relating to the title to real property or containing information used in the business of examining, certifying or insuring titles to real property, with the knowledge that the same or the contents thereof has or have been acquired, prepared or compiled in violation of this section shall be guilty of theft. The contents of any such private and unpublished paper, book, record, map or file is hereby defined to be personal property, and in determining the value thereof for the purposes of this section the cost of acquiring and compiling the same shall be the test.

Section § 496

Explanation

This law makes it a crime to knowingly buy, receive, sell, hide, or help in hiding motor vehicles, trailers, special construction equipment, or boats that have been stolen or acquired through theft or extortion. If someone does this knowing the item was stolen, they can face jail time ranging from 16 months to three years or pay a fine, which can be up to $10,000. Alternatively, they may be sentenced to up to one year in a county jail with a fine not exceeding $1,000, or both. Special construction equipment and vessels considered under this law include only motorized vehicles and vessels.

(a)CA Penal Law Code § 496(a) Every person who buys or receives any motor vehicle, as defined in Section 415 of the Vehicle Code, any trailer, as defined in Section 630 of the Vehicle Code, any special construction equipment, as defined in Section 565 of the Vehicle Code, or any vessel, as defined in Section 21 of the Harbors and Navigation Code, that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any motor vehicle, trailer, special construction equipment, or vessel from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years or a fine of not more than ten thousand dollars ($10,000), or both, or by imprisonment in a county jail not to exceed one year or a fine of not more than one thousand dollars ($1,000), or both.
(b)CA Penal Law Code § 496(b) For the purposes of this section, the terms “special construction equipment” and “vessel” are limited to motorized vehicles and vessels.

Section § 496

Explanation

This law makes it a crime for anyone involved in the scrap metal industry to have stolen items that belong or once belonged to a public agency or private utility, if they know these items were stolen. This includes things like fire hydrants, fire department connections, manhole covers, and backflow devices. If someone is caught with these stolen goods and fails to report them, they can be fined up to $3,000 in addition to any other legal penalties.

(a)CA Penal Law Code § 496(a) Any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal and who possesses any of the following items that were owned or previously owned by any public agency, city, county, city and county, special district, or private utility that have been stolen or obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or fails to report possession of the items pursuant to Section 21609.1 of the Business and Professions Code, is guilty of a crime:
(1)CA Penal Law Code § 496(a)(1) A fire hydrant or any reasonably recognizable part of that hydrant.
(2)CA Penal Law Code § 496(a)(2) Any fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts.
(3)CA Penal Law Code § 496(a)(3) Manhole covers or lids, or any reasonably recognizable part of those manhole covers and lids.
(4)CA Penal Law Code § 496(a)(4) Backflow devices and connections to that device, or any part of that device.
(b)CA Penal Law Code § 496(b) A person who violates subdivision (a) shall, in addition to any other penalty provided by law, be subject to a criminal fine of not more than three thousand dollars ($3,000).

Section § 496.5

Explanation

If someone has stolen property from a vehicle and intends to sell it or work with others to sell it for over $950 in value, they're guilty of automotive property theft for resale—even if they didn't do the stealing themselves. This covers scenarios where property combines with others' to exceed that amount.

Intent to sell can be proven using evidence like previous sales of stolen vehicle property. Punishment for this crime can be up to a year in county jail, but they could also face additional charges under other laws.

(a)CA Penal Law Code § 496.5(a) A person who unlawfully possesses property that was acquired through one or more acts of theft from a vehicle, unlawful entry of a vehicle, burglary of a locked vehicle, or vehicle tampering as defined in Section 10852 of the Vehicle Code, whether or not the person committed the act of theft, burglary, or vehicle tampering, is guilty of automotive property theft for resale when both of the following apply:
(1)CA Penal Law Code § 496.5(a)(1) The property is not possessed for personal use and the person has the intent to sell or exchange the property for value, or the intent to act in concert with one or more persons to sell or exchange the property for value.
(2)CA Penal Law Code § 496.5(a)(2) The value of the possessed property exceeds nine hundred fifty dollars ($950). For purposes of determining the value of the property, the property described in paragraph (1) can be considered in the aggregate with any of the following:
(A)CA Penal Law Code § 496.5(a)(2)(A) Any other such property possessed by the person with such intent within the last two years.
(B)CA Penal Law Code § 496.5(a)(2)(B) Any property possessed by another person acting in concert with the first person to sell or exchange the property for value, when that property was acquired through one or more acts of theft from a vehicle, unlawful entry of a vehicle, burglary of a locked vehicle, or vehicle tampering as defined in Section 10852 of the Vehicle Code, regardless of the identity of the person committing the acts of theft, burglary, or vehicle tampering.
(b)CA Penal Law Code § 496.5(b) For the purpose of determining, in any proceeding, whether the defendant had the intent to sell or exchange the property for value, the trier of fact may consider any competent evidence, including, but not limited to, the following:
(1)CA Penal Law Code § 496.5(b)(1) Whether the defendant has in the past two years sold or exchanged for value any property acquired through theft from a vehicle, burglary of a locked vehicle, or vehicle tampering as defined in Section 10852 of the Vehicle Code, or through any related offenses, including any conduct that occurred in other jurisdictions, if relevant to demonstrate a fact other than the defendant’s disposition to commit the act, as provided by subdivision (b) of Section 1101 of the Evidence Code.
(2)CA Penal Law Code § 496.5(b)(2) Whether the property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption, including use or consumption by one’s immediate family.
(c)CA Penal Law Code § 496.5(c) A violation of subdivision (a) is punishable by imprisonment in the county jail for up to one year or pursuant to subdivision (h) of Section 1170.
(d)CA Penal Law Code § 496.5(d) This section does not preclude or prohibit prosecution under any other law.

Section § 496.6

Explanation

This law makes it illegal to possess property worth more than $950 that was acquired through theft, shoplifting, or burglary from a retail store if you plan to sell, exchange, or return the items for money. It applies even if you didn't personally commit the theft. The law views the value of the goods as a total amount, counting any similar crimes committed by others you're working with or by yourself in the past two years. If you're caught, punishment could include up to a year in county jail.

To prove you intended to sell or exchange the goods, evidence like past behavior or the unusual quantity or type of goods (indicating they weren't for personal use) can be considered.

(a)CA Penal Law Code § 496.6(a) Any person who possesses property unlawfully that was acquired through one or more acts of shoplifting, theft, or burglary from a retail business, whether or not the person committed the act of shoplifting, theft, or burglary, is guilty of the unlawful deprivation of a retail business opportunity when both of the following apply:
(1)CA Penal Law Code § 496.6(a)(1) The property is not possessed for personal use and the person has the intent to sell, exchange, or return the merchandise for value, or the intent to act in concert with one or more persons to sell, exchange, or return the merchandise for value.
(2)CA Penal Law Code § 496.6(a)(2) The value of the possessed property exceeds nine hundred fifty dollars ($950). For purposes of determining the value of the property, the property described in paragraph (1) can be considered in the aggregate with either of the following:
(A)CA Penal Law Code § 496.6(a)(2)(A) Any other such property possessed by the person with such intent within the prior two years.
(B)CA Penal Law Code § 496.6(a)(2)(B) Any property possessed by another person acting in concert with the first person to sell, exchange, or return the merchandise for value, when such property was acquired through one or more acts of shoplifting, theft, or burglary from a retail business, regardless of the identity of the person committing the act of shoplifting, theft, or burglary.
(b)CA Penal Law Code § 496.6(b) For the purpose of determining in any proceeding whether the defendant has the intent to sell, exchange, or return the merchandise for value, the trier of fact may consider any competent evidence, including, but not limited to, the following:
(1)CA Penal Law Code § 496.6(b)(1) Whether the defendant has in the prior two years sold, exchanged, or returned for value merchandise acquired through shoplifting, theft, or burglary from a retail business, or through any related offense, including any conduct that occurred in other jurisdictions, if relevant to demonstrate a fact other than the defendant’s disposition to commit the act, as provided by subdivision (b) of Section 1101 of the Evidence Code.
(2)CA Penal Law Code § 496.6(b)(2) The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption, including use or consumption by one’s immediate family.
(c)CA Penal Law Code § 496.6(c) The criminal deprivation of a retail business opportunity is punishable by imprisonment in the county jail for up to one year or pursuant to subdivision (h) of Section 1170.

Section § 497

Explanation

If someone steals or embezzles property in another state or country, or if they knowingly receive stolen property, and then bring it into California, they can be tried and punished in California as if the crime happened there.

Every person who, in another state or country steals or embezzles the property of another, or receives such property knowing it to have been stolen or embezzled, and brings the same into this state, may be convicted and punished in the same manner as if such larceny, or embezzlement, or receiving, had been committed in this state.

Section § 498

Explanation

This law relates to the illegal use of utility services, such as electricity, gas, and water, without paying for them. It defines key terms like 'divert', meaning unauthorized redirection of utilities, and 'tamper', which involves altering utility equipment.

It makes it a misdemeanor to divert, tamper with, or reconnect utility services without permission. If someone benefits from such actions knowingly, they also commit an offense. Certain evidence, like tampered meters, can imply guilt.

If the value of stolen utility services exceeds $950, or if the offender has prior related convictions, the offense could result in up to a year of jail time or imprisonment in state prison. This law does not prevent prosecution under other criminal laws.

(a)CA Penal Law Code § 498(a) The following definitions govern the construction of this section:
(1)CA Penal Law Code § 498(a)(1) “Person” means any individual, or any partnership, firm, association, corporation, limited liability company, or other legal entity.
(2)CA Penal Law Code § 498(a)(2) “Utility” means any electrical, gas, or water corporation as those terms are defined in the Public Utilities Code, and electrical, gas, or water systems operated by any political subdivision.
(3)CA Penal Law Code § 498(a)(3) “Customer” means the person in whose name utility service is provided.
(4)CA Penal Law Code § 498(a)(4) “Utility service” means the provision of electricity, gas, water, or any other service provided by the utility for compensation.
(5)CA Penal Law Code § 498(a)(5) “Divert” means to change the intended course or path of electricity, gas, or water without the authorization or consent of the utility.
(6)CA Penal Law Code § 498(a)(6) “Tamper” means to rearrange, injure, alter, interfere with, or otherwise prevent from performing a normal or customary function.
(7)CA Penal Law Code § 498(a)(7) “Reconnection” means the reconnection of utility service by a customer or other person after service has been lawfully disconnected by the utility.
(b)CA Penal Law Code § 498(b) Any person who, with intent to obtain for himself or herself utility services without paying the full lawful charge therefor, or with intent to enable another person to do so, or with intent to deprive any utility of any part of the full lawful charge for utility services it provides, commits, authorizes, solicits, aids, or abets any of the following shall be guilty of a misdemeanor:
(1)CA Penal Law Code § 498(b)(1) Diverts or causes to be diverted utility services, by any means.
(2)CA Penal Law Code § 498(b)(2) Prevents any utility meter, or other device used in determining the charge for utility services, from accurately performing its measuring function by tampering or by any other means.
(3)CA Penal Law Code § 498(b)(3) Tampers with any property owned by or used by the utility to provide utility services.
(4)CA Penal Law Code § 498(b)(4) Makes or causes to be made any connection with or reconnection with property owned or used by the utility to provide utility services without the authorization or consent of the utility.
(5)CA Penal Law Code § 498(b)(5) Uses or receives the direct benefit of all or a portion of utility services with knowledge or reason to believe that the diversion, tampering, or unauthorized connection existed at the time of that use, or that the use or receipt was otherwise without the authorization or consent of the utility.
(c)CA Penal Law Code § 498(c) In any prosecution under this section, the presence of any of the following objects, circumstances, or conditions on premises controlled by the customer or by the person using or receiving the direct benefit of all or a portion of utility services obtained in violation of this section shall permit an inference that the customer or person intended to and did violate this section:
(1)CA Penal Law Code § 498(c)(1) Any instrument, apparatus, or device primarily designed to be used to obtain utility services without paying the full lawful charge therefor.
(2)CA Penal Law Code § 498(c)(2) Any meter that has been altered, tampered with, or bypassed so as to cause no measurement or inaccurate measurement of utility services.
(d)CA Penal Law Code § 498(d) If the value of all utility services obtained in violation of this section totals more than nine hundred fifty dollars ($950) or if the defendant has previously been convicted of an offense under this section or any former section which would be an offense under this section, or of an offense under the laws of another state or of the United States which would have been an offense under this section if committed in this state, then the violation is punishable by imprisonment in a county jail for not more than one year, or in the state prison.
(e)CA Penal Law Code § 498(e) This section shall not be construed to preclude the applicability of any other provision of the criminal law of this state.

Section § 499

Explanation

If someone has previously been convicted of stealing a car or boat and served time for it, and then gets caught again for a similar offense, they could face up to one year in county jail or up to three years in state prison. This applies if their new crime involves unauthorized use of a vehicle or boat.

If someone has been convicted of unauthorized vehicle or boat use multiple times, and has served jail time at least once, they could also face up to one year in county jail or up to three years in state prison for future offenses. The law took effect in 1997.

(a)CA Penal Law Code § 499(a) Any person who, having been convicted of a previous violation of Section 10851 of the Vehicle Code, or of subdivision (d) of Section 487, involving a vehicle or vessel, and having served a term therefor in any penal institution or having been imprisoned therein as a condition of probation for the offense, is subsequently convicted of a violation of Section 499b, involving a vehicle or vessel, is punishable for the subsequent offense by imprisonment in the county jail not exceeding one year or the state prison for 16 months, two, or three years.
(b)CA Penal Law Code § 499(b) Any person convicted of a violation of Section 499b, who has been previously convicted under charges separately brought and tried two or more times of a violation of Section 499b, all such violations involving a vehicle or vessel, and who has been imprisoned therefore as a condition of probation or otherwise at least once, is punishable by imprisonment in the county jail for not more than one year or in the state prison for 16 months, two, or three years.
(c)CA Penal Law Code § 499(c) This section shall become operative on January 1, 1997.

Section § 499

Explanation

This law says that taking someone else's bicycle or vessel (like a boat) without their permission, even if you only plan to use it temporarily, is a crime called a misdemeanor.

If you take a bicycle, you could be fined up to $400, spend up to three months in jail, or face both penalties. For taking a vessel, the fines can go up to $1,000, and jail time could last up to a year, or you could face both a fine and jail time.

(a)CA Penal Law Code § 499(a) Any person who shall, without the permission of the owner thereof, take any bicycle for the purpose of temporarily using or operating the same, is guilty of a misdemeanor, and shall be punishable by a fine not exceeding four hundred dollars ($400), or by imprisonment in a county jail not exceeding three months, or by both that fine and imprisonment.
(b)CA Penal Law Code § 499(b) Any person who shall, without the permission of the owner thereof, take any vessel for the purpose of temporarily using or operating the same, is guilty of a misdemeanor, and shall be punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.

Section § 499

Explanation

This law defines various terms related to computer systems and trade secrets. It clarifies what constitutes theft of a trade secret, which includes stealing, using without permission, or making unauthorized copies of trade secrets. It also covers situations where trade secrets are wrongfully obtained through a trusted relationship or by bribing employees to reveal them. The law makes it clear that returning or intending to return the stolen trade secret is not a defense. Violating this law can lead to imprisonment or fines.

(a)CA Penal Law Code § 499(a) As used in this section:
(1)CA Penal Law Code § 499(a)(1) “Access” means to approach, a way or means of approaching, nearing, admittance to, including to instruct, communicate with, store information in, or retrieve information from a computer system or computer network.
(2)CA Penal Law Code § 499(a)(2) “Article” means any object, material, device, or substance or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, micro-organism, blueprint, map, or tangible representation of a computer program or information, including both human and computer readable information and information while in transit.
(3)CA Penal Law Code § 499(a)(3) “Benefit” means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare he or she is interested.
(4)CA Penal Law Code § 499(a)(4) “Computer system” means a machine or collection of machines, one or more of which contain computer programs and information, that performs functions, including, but not limited to, logic, arithmetic, information storage and retrieval, communications, and control.
(5)CA Penal Law Code § 499(a)(5) “Computer network” means an interconnection of two or more computer systems.
(6)CA Penal Law Code § 499(a)(6) “Computer program” means an ordered set of instructions or statements, and related information that, when automatically executed in actual or modified form in a computer system, causes it to perform specified functions.
(7)CA Penal Law Code § 499(a)(7) “Copy” means any facsimile, replica, photograph or other reproduction of an article, and any note, drawing or sketch made of or from an article.
(8)CA Penal Law Code § 499(a)(8) “Representing” means describing, depicting, containing, constituting, reflecting or recording.
(9)CA Penal Law Code § 499(a)(9) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(A)CA Penal Law Code § 499(a)(9)(A) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and
(B)CA Penal Law Code § 499(a)(9)(B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
(b)CA Penal Law Code § 499(b) Every person is guilty of theft who, with intent to deprive or withhold the control of a trade secret from its owner, or with an intent to appropriate a trade secret to his or her own use or to the use of another, does any of the following:
(1)CA Penal Law Code § 499(b)(1) Steals, takes, carries away, or uses without authorization, a trade secret.
(2)CA Penal Law Code § 499(b)(2) Fraudulently appropriates any article representing a trade secret entrusted to him or her.
(3)CA Penal Law Code § 499(b)(3) Having unlawfully obtained access to the article, without authority makes or causes to be made a copy of any article representing a trade secret.
(4)CA Penal Law Code § 499(b)(4) Having obtained access to the article through a relationship of trust and confidence, without authority and in breach of the obligations created by that relationship, makes or causes to be made, directly from and in the presence of the article, a copy of any article representing a trade secret.
(c)CA Penal Law Code § 499(c) Every person who promises, offers or gives, or conspires to promise or offer to give, to any present or former agent, employee or servant of another, a benefit as an inducement, bribe or reward for conveying, delivering or otherwise making available an article representing a trade secret owned by his or her present or former principal, employer or master, to any person not authorized by the owner to receive or acquire the trade secret and every present or former agent, employee, or servant, who solicits, accepts, receives or takes a benefit as an inducement, bribe or reward for conveying, delivering or otherwise making available an article representing a trade secret owned by his or her present or former principal, employer or master, to any person not authorized by the owner to receive or acquire the trade secret, shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment.
(d)CA Penal Law Code § 499(d) In a prosecution for a violation of this section, it shall be no defense that the person returned or intended to return the article.

Section § 499

Explanation

This law states that if someone uses or takes someone else's aircraft without permission, intending either to keep it permanently or temporarily, they are committing a felony. This includes being involved in the unauthorized use or theft as an accomplice. If convicted, the person could face up to a year in county jail, prison time, a fine up to $10,000, or both imprisonment and fine.

Any person who operates or takes an aircraft not his own, without the consent of the owner thereof, and with intent to either permanently or temporarily deprive the owner thereof of his title to or possession of such vehicle, whether with or without intent to steal the same, or any person who is a party or accessory to or an accomplice in any operation or unauthorized taking or stealing is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than ten thousand dollars ($10,000) or by both that fine and imprisonment.

Section § 500

Explanation

This law concerns people handling money for sending to other countries. If a person accepts money to send abroad but doesn't do one of the following within 10 days, they can be charged: send the money as promised, give instructions to send an equivalent amount, or refund the money if requested by the customer. If the amount handled is less than $950, it can lead to a misdemeanor with jail time up to a year or a fine up to $1,000. If $950 or more is involved, especially if part of a larger plan, it might be a felony, with more severe penalties including longer jail time or a fine up to $10,000.

(a)CA Penal Law Code § 500(a) Any person who receives money for the actual or purported purpose of transmitting the same or its equivalent to foreign countries as specified in Section 1800.5 of the Financial Code who fails to do at least one of the following acts unless otherwise instructed by the customer is guilty of a misdemeanor or felony as set forth in subdivision (b):
(1)CA Penal Law Code § 500(a)(1) Forward the money as represented to the customer within 10 days of receipt of the funds.
(2)CA Penal Law Code § 500(a)(2) Give instructions within 10 days of receipt of the customer’s funds, committing equivalent funds to the person designated by the customer.
(3)CA Penal Law Code § 500(a)(3) Refund to the customer any money not forwarded as represented within 10 days of the customer’s written request for a refund pursuant to subdivision (a) of Section 1810.5 of the Financial Code.
(b)Copy CA Penal Law Code § 500(b)
(1)Copy CA Penal Law Code § 500(b)(1) If the total value of the funds received from the customer is less than nine hundred fifty dollars ($950), the offense set forth in subdivision (a) is punishable by imprisonment in a county jail not exceeding one year or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(2)CA Penal Law Code § 500(b)(2) If the total value of the money received from the customer is nine hundred fifty dollars ($950) or more, or if the total value of all moneys received by the person from different customers is nine hundred fifty dollars ($950) or more, and the receipts were part of a common scheme or plan, the offense set forth in subdivision (a) is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years, by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine.

Section § 501

Explanation

This law says that in California, during a trial for theft or misuse of things like money or stocks, it's okay if the exact details like the type or amount aren’t fully proven. The important part is proving that something of value was stolen or misused. For embezzlement cases, it also doesn’t matter if the person was supposed to return part of what they took, and they did so. What matters is the act of taking with the intent to permanently or temporarily keep the value from the rightful owner.

Upon a trial for larceny or embezzlement of money, bank notes, certificates of stock, or valuable securities, the allegation of the indictment or information, so far as regards the description of the property, is sustained, if the offender be proved to have embezzled or stolen any money, bank notes, certificates of stock, or valuable security, although the particular species of coin or other money, or the number, denomination, or kind of bank notes, certificates of stock, or valuable security, is not proved; and upon a trial for embezzlement, if the offender is proved to have embezzled any piece of coin or other money, any bank note, certificate of stock, or valuable security, although the piece of coin or other money, or bank note, certificate of stock, or valuable security, may have been delivered to him or her in order that some part of the value thereof should be returned to the party delivering the same, and such part shall have been returned accordingly.

Section § 502

Explanation

This law is about protecting individuals, businesses, and government agencies from unauthorized access and damage to computer systems and data. It defines key terms like 'access,' 'computer network,' and 'computer contaminant,' which include things like viruses. The law outlines various illegal activities, such as accessing a computer without permission, introducing harmful software, or using someone else's email domain to cause damage. It specifies penalties for these crimes, varying from fines to imprisonment, depending on the severity and frequency of the offense.

Victims can also sue for compensatory damages if their computer systems are harmed, and educational institutions must treat these violations seriously in their conduct policies. The law permits forfeiture of computers used in these crimes and provides some exceptions for lawful work-related computer use. Lastly, it emphasizes that certain actions committed within lawful employment may not be prosecuted under this law.

(a)CA Penal Law Code § 502(a) It is the intent of the Legislature in enacting this section to expand the degree of protection afforded to individuals, businesses, and governmental agencies from tampering, interference, damage, and unauthorized access to lawfully created computer data and computer systems. The Legislature finds and declares that the proliferation of computer technology has resulted in a concomitant proliferation of computer crime and other forms of unauthorized access to computers, computer systems, and computer data.
The Legislature further finds and declares that protection of the integrity of all types and forms of lawfully created computers, computer systems, and computer data is vital to the protection of the privacy of individuals as well as to the well-being of financial institutions, business concerns, governmental agencies, and others within this state that lawfully utilize those computers, computer systems, and data.
(b)CA Penal Law Code § 502(b) For the purposes of this section, the following terms have the following meanings:
(1)CA Penal Law Code § 502(b)(1) “Access” means to gain entry to, instruct, cause input to, cause output from, cause data processing with, or communicate with, the logical, arithmetical, or memory function resources of a computer, computer system, or computer network.
(2)CA Penal Law Code § 502(b)(2) “Computer network” means any system that provides communications between one or more computer systems and input/output devices, including, but not limited to, display terminals, remote systems, mobile devices, and printers connected by telecommunication facilities.
(3)CA Penal Law Code § 502(b)(3) “Computer program or software” means a set of instructions or statements, and related data, that when executed in actual or modified form, cause a computer, computer system, or computer network to perform specified functions.
(4)CA Penal Law Code § 502(b)(4) “Computer services” includes, but is not limited to, computer time, data processing, or storage functions, internet services, electronic mail services, electronic message services, or other uses of a computer, computer system, or computer network.
(5)CA Penal Law Code § 502(b)(5) “Computer system” means a device or collection of devices, including support devices and excluding calculators that are not programmable and capable of being used in conjunction with external files, one or more of which contain computer programs, electronic instructions, input data, and output data, that performs functions, including, but not limited to, logic, arithmetic, data storage and retrieval, communication, and control. A “computer system” includes, without limitation, any such device or system that is located within, connected to, or otherwise integrated with, any motor vehicle as defined in Section 415 of the Vehicle Code.
(6)CA Penal Law Code § 502(b)(6) “Government computer system” means any computer system, or part thereof, that is owned, operated, or used by any federal, state, or local governmental entity.
(7)CA Penal Law Code § 502(b)(7) “Public safety infrastructure computer system” means any computer system, or part thereof, that is necessary for the health and safety of the public including computer systems owned, operated, or used by drinking water and wastewater treatment facilities, hospitals, emergency service providers, telecommunication companies, and gas and electric utility companies.
(8)CA Penal Law Code § 502(b)(8) “Data” means a representation of information, knowledge, facts, concepts, computer software, or computer programs or instructions. Data may be in any form, in storage media, or as stored in the memory of the computer or in transit or presented on a display device.
(9)CA Penal Law Code § 502(b)(9) “Supporting documentation” includes, but is not limited to, all information, in any form, pertaining to the design, construction, classification, implementation, use, or modification of a computer, computer system, computer network, computer program, or computer software, which information is not generally available to the public and is necessary for the operation of a computer, computer system, computer network, computer program, or computer software.
(10)CA Penal Law Code § 502(b)(10) “Injury” means any alteration, deletion, damage, or destruction of a computer system, computer network, computer program, or data caused by the access, or the denial of access to legitimate users of a computer system, network, or program.
(11)CA Penal Law Code § 502(b)(11) “Victim expenditure” means any expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program, or data was or was not altered, deleted, damaged, or destroyed by the access.
(12)CA Penal Law Code § 502(b)(12) “Computer contaminant” means any set of computer instructions that are designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the intent or permission of the owner of the information. They include, but are not limited to, a group of computer instructions commonly called viruses or worms, that are self-replicating or self-propagating and are designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network.
(13)CA Penal Law Code § 502(b)(13) “Internet domain name” means a globally unique, hierarchical reference to an internet host or service, assigned through centralized internet naming authorities, comprising a series of character strings separated by periods, with the rightmost character string specifying the top of the hierarchy.
(14)CA Penal Law Code § 502(b)(14) “Electronic mail” means an electronic message or computer file that is transmitted between two or more telecommunications devices; computers; computer networks, regardless of whether the network is a local, regional, or global network; or electronic devices capable of receiving electronic messages, regardless of whether the message is converted to hard copy format after receipt, viewed upon transmission, or stored for later retrieval.
(15)CA Penal Law Code § 502(b)(15) “Profile” means either of the following:
(A)CA Penal Law Code § 502(b)(15)(A) A configuration of user data required by a computer so that the user may access programs or services and have the desired functionality on that computer.
(B)CA Penal Law Code § 502(b)(15)(B) An Internet website user’s personal page or section of a page that is made up of data, in text or graphical form, that displays significant, unique, or identifying information, including, but not limited to, listing acquaintances, interests, associations, activities, or personal statements.
(c)CA Penal Law Code § 502(c) Except as provided in subdivision (h), any person who commits any of the following acts is guilty of a public offense:
(1)CA Penal Law Code § 502(c)(1) Knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network in order to either (A) devise or execute any scheme or artifice to defraud, deceive, or extort, or (B) wrongfully control or obtain money, property, or data.
(2)CA Penal Law Code § 502(c)(2) Knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network.
(3)CA Penal Law Code § 502(c)(3) Knowingly and without permission uses or causes to be used computer services.
(4)CA Penal Law Code § 502(c)(4) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a computer, computer system, or computer network.
(5)CA Penal Law Code § 502(c)(5) Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system, or computer network.
(6)CA Penal Law Code § 502(c)(6) Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or computer network in violation of this section.
(7)CA Penal Law Code § 502(c)(7) Knowingly and without permission accesses or causes to be accessed any computer, computer system, or computer network.
(8)CA Penal Law Code § 502(c)(8) Knowingly introduces any computer contaminant into any computer, computer system, or computer network.
(9)CA Penal Law Code § 502(c)(9) Knowingly and without permission uses the internet domain name or profile of another individual, corporation, or entity in connection with the sending of one or more electronic mail messages or posts and thereby damages or causes damage to a computer, computer data, computer system, or computer network.
(10)CA Penal Law Code § 502(c)(10) Knowingly and without permission disrupts or causes the disruption of government computer services or denies or causes the denial of government computer services to an authorized user of a government computer, computer system, or computer network.
(11)CA Penal Law Code § 502(c)(11) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a public safety infrastructure computer system computer, computer system, or computer network.
(12)CA Penal Law Code § 502(c)(12) Knowingly and without permission disrupts or causes the disruption of public safety infrastructure computer system computer services or denies or causes the denial of computer services to an authorized user of a public safety infrastructure computer system computer, computer system, or computer network.
(13)CA Penal Law Code § 502(c)(13) Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or public safety infrastructure computer system computer, computer system, or computer network in violation of this section.
(14)CA Penal Law Code § 502(c)(14) Knowingly introduces any computer contaminant into any public safety infrastructure computer system computer, computer system, or computer network.
(d)Copy CA Penal Law Code § 502(d)
(1)Copy CA Penal Law Code § 502(d)(1) Any person who violates any of the provisions of paragraph (1), (2), (4), (5), (10), (11), or (12) of subdivision (c) is guilty of a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years and a fine not exceeding ten thousand dollars ($10,000), or a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment.
(2)CA Penal Law Code § 502(d)(2) Any person who violates paragraph (3) of subdivision (c) is punishable as follows:
(A)CA Penal Law Code § 502(d)(2)(A) For the first violation that does not result in injury, and where the value of the computer services used does not exceed nine hundred fifty dollars ($950), by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(B)CA Penal Law Code § 502(d)(2)(B) For any violation that results in a victim expenditure in an amount greater than five thousand dollars ($5,000) or in an injury, or if the value of the computer services used exceeds nine hundred fifty dollars ($950), or for any second or subsequent violation, by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(3)CA Penal Law Code § 502(d)(3) Any person who violates paragraph (6), (7), or (13) of subdivision (c) is punishable as follows:
(A)CA Penal Law Code § 502(d)(3)(A) For a first violation that does not result in injury, an infraction punishable by a fine not exceeding one thousand dollars ($1,000).
(B)CA Penal Law Code § 502(d)(3)(B) For any violation that results in a victim expenditure in an amount not greater than five thousand dollars ($5,000), or for a second or subsequent violation, by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(C)CA Penal Law Code § 502(d)(3)(C) For any violation that results in a victim expenditure in an amount greater than five thousand dollars ($5,000), by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(4)CA Penal Law Code § 502(d)(4) Any person who violates paragraph (8) or (14) of subdivision (c) is punishable as follows:
(A)CA Penal Law Code § 502(d)(4)(A) For a first violation that does not result in injury, a misdemeanor punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(B)CA Penal Law Code § 502(d)(4)(B) For any violation that results in injury, or for a second or subsequent violation, by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment.
(5)CA Penal Law Code § 502(d)(5) Any person who violates paragraph (9) of subdivision (c) is punishable as follows:
(A)CA Penal Law Code § 502(d)(5)(A) For a first violation that does not result in injury, an infraction punishable by a fine not exceeding one thousand dollars ($1,000).
(B)CA Penal Law Code § 502(d)(5)(B) For any violation that results in injury, or for a second or subsequent violation, by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(e)Copy CA Penal Law Code § 502(e)
(1)Copy CA Penal Law Code § 502(e)(1) In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer program, or data who suffers damage or loss by reason of a violation of any of the provisions of subdivision (c) may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief. Compensatory damages shall include any expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program, or data was or was not altered, damaged, or deleted by the access. For the purposes of actions authorized by this subdivision, the conduct of an unemancipated minor shall be imputed to the parent or legal guardian having control or custody of the minor, pursuant to the provisions of Section 1714.1 of the Civil Code.
(2)CA Penal Law Code § 502(e)(2) In any action brought pursuant to this subdivision the court may award reasonable attorney’s fees.
(3)CA Penal Law Code § 502(e)(3) A community college, state university, or academic institution accredited in this state is required to include computer-related crimes as a specific violation of college or university student conduct policies and regulations that may subject a student to disciplinary sanctions up to and including dismissal from the academic institution. This paragraph shall not apply to the University of California unless the Board of Regents adopts a resolution to that effect.
(4)CA Penal Law Code § 502(e)(4) In any action brought pursuant to this subdivision for a willful violation of the provisions of subdivision (c), where it is proved by clear and convincing evidence that a defendant has been guilty of oppression, fraud, or malice as defined in subdivision (c) of Section 3294 of the Civil Code, the court may additionally award punitive or exemplary damages.
(5)CA Penal Law Code § 502(e)(5) No action may be brought pursuant to this subdivision unless it is initiated within three years of the date of the act complained of, or the date of the discovery of the damage, whichever is later.
(f)CA Penal Law Code § 502(f) This section shall not be construed to preclude the applicability of any other provision of the criminal law of this state which applies or may apply to any transaction, nor shall it make illegal any employee labor relations activities that are within the scope and protection of state or federal labor laws.
(g)CA Penal Law Code § 502(g) Any computer, computer system, computer network, or any software or data, owned by the defendant, that is used during the commission of any public offense described in subdivision (c) or any computer, owned by the defendant, which is used as a repository for the storage of software or data illegally obtained in violation of subdivision (c) shall be subject to forfeiture, as specified in Section 502.01.
(h)Copy CA Penal Law Code § 502(h)
(1)Copy CA Penal Law Code § 502(h)(1) Subdivision (c) does not apply to punish any acts which are committed by a person within the scope of lawful employment. For purposes of this section, a person acts within the scope of employment when the person performs acts which are reasonably necessary to the performance of their work assignment.
(2)CA Penal Law Code § 502(h)(2) Paragraph (3) of subdivision (c) does not apply to penalize any acts committed by a person acting outside of their lawful employment, provided that the employee’s activities do not cause an injury, to the employer or another, or provided that the value of supplies or computer services which are used does not exceed an accumulated total of two hundred fifty dollars ($250).
(i)CA Penal Law Code § 502(i) No activity exempted from prosecution under paragraph (2) of subdivision (h) which incidentally violates paragraph (2), (4), or (7) of subdivision (c) shall be prosecuted under those paragraphs.
(j)CA Penal Law Code § 502(j) For purposes of bringing a civil or a criminal action under this section, a person who causes, by any means, the access of a computer, computer system, or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer system, or computer network in each jurisdiction.
(k)CA Penal Law Code § 502(k) In determining the terms and conditions applicable to a person convicted of a violation of this section the court shall consider the following:
(1)CA Penal Law Code § 502(k)(1) The court shall consider prohibitions on access to and use of computers.
(2)CA Penal Law Code § 502(k)(2) Except as otherwise required by law, the court shall consider alternate sentencing, including community service, if the defendant shows remorse and recognition of the wrongdoing, and an inclination not to repeat the offense.

Section § 502.01

Explanation

This law outlines the rules for forfeiting property involved in certain crimes. This means taking away property like illegal telecom equipment or computers used for illegal actions, such as fraud or certain types of exploitation. If someone has used their tech devices for crimes listed in the law, those items can be seized.

If you're caught, the court can conduct a hearing to decide whether your property should be forfeited. The prosecutor has to prove by more than 50% of the evidence that the property was used illegally. The law enforcement agency must notify anyone with an interest in the property before the seizure.

Those claiming interest in the property must file a motion ahead of the forfeiture hearing, proving they didn’t know about or couldn’t prevent the crime. If a valid interest is recognized, the court will calculate its value. Owners might have to pay the difference to keep the property or allow it to be sold to satisfy claims. If the property is sold, proceeds go to reimburse victims or entities involved in the prosecution.

When minors commit the offenses, their guardians' property might also be subject to forfeiture unless certain conditions are met, like preventing future misuse or making restitution to victims. Lastly, the court can deny forfeiture if it believes the defendant won't misuse the property again.

(a)CA Penal Law Code § 502.01(a) As used in this section:
(1)CA Penal Law Code § 502.01(a)(1) “Property subject to forfeiture” means any property of the defendant that is illegal telecommunications equipment as defined in subdivision (g) of Section 502.8, or a computer, computer system, or computer network, and any software or data residing thereon, if the telecommunications device, computer, computer system, or computer network was used in committing a violation of, or conspiracy to commit a violation of, subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 422, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, or 530.5, 537e, 593d, 593e, 646.9, or subdivision (j) of Section 647, or was used as a repository for the storage of software or data obtained in violation of those provisions. Forfeiture shall not be available for any property used solely in the commission of an infraction. If the defendant is a minor, it also includes property of the parent or guardian of the defendant.
(2)CA Penal Law Code § 502.01(a)(2) “Sentencing court” means the court sentencing a person found guilty of violating or conspiring to commit a violation of subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 422, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e, subdivision (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, 530.5, 537e, 593d, 593e, 646.9, or subdivision (j) of Section 647, or, in the case of a minor, found to be a person described in Section 602 of the Welfare and Institutions Code because of a violation of those provisions, the juvenile court.
(3)CA Penal Law Code § 502.01(a)(3) “Interest” means any property interest in the property subject to forfeiture.
(4)CA Penal Law Code § 502.01(a)(4) “Security interest” means an interest that is a lien, mortgage, security interest, or interest under a conditional sales contract.
(5)CA Penal Law Code § 502.01(a)(5) “Value” has the following meanings:
(A)CA Penal Law Code § 502.01(a)(5)(A) When counterfeit items of computer software are manufactured or possessed for sale, the “value” of those items shall be equivalent to the retail price or fair market price of the true items that are counterfeited.
(B)CA Penal Law Code § 502.01(a)(5)(B) When counterfeited but unassembled components of computer software packages are recovered, including, but not limited to, counterfeited computer diskettes, instruction manuals, or licensing envelopes, the “value” of those components of computer software packages shall be equivalent to the retail price or fair market price of the number of completed computer software packages that could have been made from those components.
(b)CA Penal Law Code § 502.01(b) The sentencing court shall, upon petition by the prosecuting attorney, at any time following sentencing, or by agreement of all parties, at the time of sentencing, conduct a hearing to determine whether any property or property interest is subject to forfeiture under this section. At the forfeiture hearing, the prosecuting attorney shall have the burden of establishing, by a preponderance of the evidence, that the property or property interests are subject to forfeiture. The prosecuting attorney may retain seized property that may be subject to forfeiture until the sentencing hearing.
(c)Copy CA Penal Law Code § 502.01(c)
(1)Copy CA Penal Law Code § 502.01(c)(1) Prior to the commencement of a forfeiture proceeding, the law enforcement agency seizing the property subject to forfeiture shall make an investigation as to any person other than the defendant who may have an interest in it. At least 30 days before the hearing to determine whether the property should be forfeited, the prosecuting agency shall send notice of the hearing to any person who may have an interest in the property that arose before the seizure.
(2)CA Penal Law Code § 502.01(c)(2) A person claiming an interest in the property shall file a motion for the redemption of that interest at least 10 days before the hearing on forfeiture, and shall send a copy of the motion to the prosecuting agency and to the probation department.
(3)CA Penal Law Code § 502.01(c)(3) If a motion to redeem an interest has been filed, the sentencing court shall hold a hearing to identify all persons who possess valid interests in the property. No person shall hold a valid interest in the property if, by a preponderance of the evidence, the prosecuting agency shows that the person knew or should have known that the property was being used in violation of, or conspiracy to commit a violation of, subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, 530.5, 537e, 593d, 593e, 646.9, or subdivision (j) of Section 647, and that the person did not take reasonable steps to prevent that use, or if the interest is a security interest, the person knew or should have known at the time that the security interest was created that the property would be used for a violation.
(d)CA Penal Law Code § 502.01(d) If the sentencing court finds that a person holds a valid interest in the property, the following provisions shall apply:
(1)CA Penal Law Code § 502.01(d)(1) The court shall determine the value of the property.
(2)CA Penal Law Code § 502.01(d)(2) The court shall determine the value of each valid interest in the property.
(3)CA Penal Law Code § 502.01(d)(3) If the value of the property is greater than the value of the interest, the holder of the interest shall be entitled to ownership of the property upon paying the court the difference between the value of the property and the value of the valid interest.
If the holder of the interest declines to pay the amount determined under paragraph (2), the court may order the property sold and designate the prosecutor or any other agency to sell the property. The designated agency shall be entitled to seize the property and the holder of the interest shall forward any documentation underlying the interest, including any ownership certificates for that property, to the designated agency. The designated agency shall sell the property and pay the owner of the interest the proceeds, up to the value of that interest.
(4)CA Penal Law Code § 502.01(4) If the value of the property is less than the value of the interest, the designated agency shall sell the property and pay the owner of the interest the proceeds, up to the value of that interest.
(e)CA Penal Law Code § 502.01(e) If the defendant was a minor at the time of the offense, this subdivision shall apply to property subject to forfeiture that is the property of the parent or guardian of the minor.
(1)CA Penal Law Code § 502.01(e)(1) The prosecuting agency shall notify the parent or guardian of the forfeiture hearing at least 30 days before the date set for the hearing.
(2)CA Penal Law Code § 502.01(e)(2) The computer or telecommunications device shall not be subject to forfeiture if the parent or guardian files a signed statement with the court at least 10 days before the date set for the hearing that the minor shall not have access to any computer or telecommunications device owned by the parent or guardian for two years after the date on which the minor is sentenced.
(3)CA Penal Law Code § 502.01(e)(3) If the minor is convicted of a violation of Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a, 472, 476, 480, or subdivision (b) of Section 484e, subdivision (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, 530.5, or subdivision (j) of Section 647, within two years after the date on which the minor is sentenced, and the violation involves a computer or telecommunications device owned by the parent or guardian, the original property subject to forfeiture, and the property involved in the new offense, shall be subject to forfeiture notwithstanding paragraph (2).
(4)CA Penal Law Code § 502.01(e)(4) Notwithstanding paragraph (1), (2), or (3), or any other provision of this chapter, if a minor’s parent or guardian makes full restitution to the victim of a crime enumerated in this chapter in an amount or manner determined by the court, the forfeiture provisions of this chapter do not apply to the property of that parent or guardian if the property was located in the family’s primary residence during the commission of the crime.
(f)CA Penal Law Code § 502.01(f) Notwithstanding any other provision of this chapter, the court may exercise its discretion to deny forfeiture where the court finds that the convicted defendant, or minor adjudicated to come within the jurisdiction of the juvenile court, is not likely to use the property otherwise subject to forfeiture for future illegal acts.
(g)CA Penal Law Code § 502.01(g) If the defendant is found to have the only valid interest in the property subject to forfeiture, it shall be distributed as follows:
(1)CA Penal Law Code § 502.01(g)(1) First, to the victim, if the victim elects to take the property as full or partial restitution for injury, victim expenditures, or compensatory damages, as defined in paragraph (1) of subdivision (e) of Section 502. If the victim elects to receive the property under this paragraph, the value of the property shall be determined by the court and that amount shall be credited against the restitution owed by the defendant. The victim shall not be penalized for electing not to accept the forfeited property in lieu of full or partial restitution.
(2)CA Penal Law Code § 502.01(g)(2) Second, at the discretion of the court, to one or more of the following agencies or entities:
(A)CA Penal Law Code § 502.01(g)(2)(A) The prosecuting agency.
(B)CA Penal Law Code § 502.01(g)(2)(B) The public entity of which the prosecuting agency is a part.
(C)CA Penal Law Code § 502.01(g)(2)(C) The public entity whose officers or employees conducted the investigation resulting in forfeiture.
(D)CA Penal Law Code § 502.01(g)(2)(D) Other state and local public entities, including school districts.
(E)CA Penal Law Code § 502.01(g)(2)(E) Nonprofit charitable organizations.
(h)CA Penal Law Code § 502.01(h) If the property is to be sold, the court may designate the prosecuting agency or any other agency to sell the property at auction. The proceeds of the sale shall be distributed by the court as follows:
(1)CA Penal Law Code § 502.01(h)(1) To the bona fide or innocent purchaser or encumbrancer, conditional sales vendor, or mortgagee of the property up to the amount of his or her interest in the property, if the court orders a distribution to that person.
(2)CA Penal Law Code § 502.01(h)(2) The balance, if any, to be retained by the court, subject to the provisions for distribution under subdivision (g).

Section § 502.5

Explanation

This law makes it a crime for anyone to knowingly take or remove fixtures like houses, barns, or equipment from a property that they have mortgaged or pledged as collateral, or that has been sold in foreclosure, with the intention of cheating or harming the lender or new owner. Doing so without written consent from the lender or purchaser is considered theft, and will be punished as such.

Every person who, after mortgaging or encumbering by deed of trust any real property, and during the existence of such mortgage or deed of trust, or after such mortgaged or encumbered property shall have been sold under an order and decree of foreclosure or at trustee’s sale, and with intent to defraud or injure the mortgagee or the beneficiary or trustee, under such deed of trust, his representatives, successors or assigns, or the purchaser of such mortgaged or encumbered premises at such foreclosure or trustee’s sale, his representatives, successors or assigns, takes, removes or carries away from such mortgaged or encumbered premises, or otherwise disposes of or permits the taking, removal or carrying away or otherwise disposing of any house, barn, windmill, water tank, pump, engine or other part of the freehold that is attached or affixed to such premises as an improvement thereon, without the written consent of the mortgagee or beneficiary, under deed of trust, his representatives, successors or assigns, or the purchaser at such foreclosure or trustee’s sale, his representatives, successors or assigns, is guilty of larceny and shall be punished accordingly.

Section § 502.6

Explanation

This law makes it illegal for someone to use or possess devices known as 'scanning devices' and 'reencoders' with the intent to commit fraud. A scanning device is any electronic tool that can read or store the information on a payment card's magnetic strip, like a credit or debit card, without the cardholder's permission.

If someone uses or has a reencoder to copy this information onto another card or electronic medium without authorization, it's also a misdemeanor offense. The penalties include jail time up to a year, a fine up to $1,000, or both.

The law also states that tools used in these offenses can be confiscated and destroyed, and any computers used in these crimes can be seized. The section defines the key devices and terms involved, and clarifies that this statute does not prevent other legal prosecutions.

(a)CA Penal Law Code § 502.6(a) Any person who knowingly, willfully, and with the intent to defraud, possesses a scanning device, or who knowingly, willfully, and with intent to defraud, uses a scanning device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card is guilty of a misdemeanor, punishable by a term in a county jail not to exceed one year, or a fine of one thousand dollars ($1,000), or both the imprisonment and fine.
(b)CA Penal Law Code § 502.6(b) Any person who knowingly, willfully, and with the intent to defraud, possesses a reencoder, or who knowingly, willfully, and with intent to defraud, uses a reencoder to place encoded information on the magnetic strip or stripe of a payment card or any electronic medium that allows an authorized transaction to occur, without the permission of the authorized user of the payment card from which the information is being reencoded is guilty of a misdemeanor, punishable by a term in a county jail not to exceed one year, or a fine of one thousand dollars ($1,000), or both the imprisonment and fine.
(c)CA Penal Law Code § 502.6(c) Any scanning device or reencoder described in subdivision (e) owned by the defendant and possessed or used in violation of subdivision (a) or (b) may be seized and be destroyed as contraband by the sheriff of the county in which the scanning device or reencoder was seized.
(d)CA Penal Law Code § 502.6(d) Any computer, computer system, computer network, or any software or data, owned by the defendant, which is used during the commission of any public offense described in this section or any computer, owned by the defendant, which is used as a repository for the storage of software or data illegally obtained in violation of this section shall be subject to forfeiture.
(e)CA Penal Law Code § 502.6(e) As used in this section, the following definitions apply:
(1)CA Penal Law Code § 502.6(e)(1) “Scanning device” means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.
(2)CA Penal Law Code § 502.6(e)(2) “Reencoder” means an electronic device that places encoded information from the magnetic strip or stripe of a payment card on to the magnetic strip or stripe of a different payment card.
(3)CA Penal Law Code § 502.6(e)(3) “Payment card” means a credit card, debit card, or any other card that is issued to an authorized user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value.
(f)CA Penal Law Code § 502.6(f) Nothing in this section shall preclude prosecution under any other provision of law.

Section § 502.7

Explanation

This California law makes it illegal to intentionally evade paying for telephone or telegraph services. If someone uses unauthorized charges, fake numbers, or any deceptive means, it's considered a crime. Also, manufacturing or distributing devices or instructions to bypass service charges is illegal.

Anyone who shares credit card details to help avoid service charges also commits a crime, facing misdemeanor or felony charges based on past convictions. If previously convicted for similar thefts, the crime is automatically considered a felony.

Victims of these fraudulent actions can seek full restitution. Tools used in these crimes can be seized and destroyed. Additionally, computers involved in such offenses may be forfeited.

(a)CA Penal Law Code § 502.7(a) Any person who, knowingly, willfully, and with intent to defraud a person providing telephone or telegraph service, avoids or attempts to avoid, or aids, abets or causes another to avoid the lawful charge, in whole or in part, for telephone or telegraph service by any of the following means is guilty of a misdemeanor or a felony, except as provided in subdivision (g):
(1)CA Penal Law Code § 502.7(a)(1) By charging the service to an existing telephone number or credit card number without the authority of the subscriber thereto or the lawful holder thereof.
(2)CA Penal Law Code § 502.7(a)(2) By charging the service to a nonexistent telephone number or credit card number, or to a number associated with telephone service which is suspended or terminated, or to a revoked or canceled (as distinguished from expired) credit card number, notice of the suspension, termination, revocation, or cancellation of the telephone service or credit card having been given to the subscriber thereto or the holder thereof.
(3)CA Penal Law Code § 502.7(a)(3) By use of a code, prearranged scheme, or other similar stratagem or device whereby the person, in effect, sends or receives information.
(4)CA Penal Law Code § 502.7(a)(4) By rearranging, tampering with, or making connection with telephone or telegraph facilities or equipment, whether physically, electrically, acoustically, inductively, or otherwise, or by using telephone or telegraph service with knowledge or reason to believe that the rearrangement, tampering, or connection existed at the time of the use.
(5)CA Penal Law Code § 502.7(a)(5) By using any other deception, false pretense, trick, scheme, device, conspiracy, or means, including the fraudulent use of false, altered, or stolen identification.
(b)CA Penal Law Code § 502.7(b) Any person who does either of the following is guilty of a misdemeanor or a felony, except as provided in subdivision (g):
(1)CA Penal Law Code § 502.7(b)(1) Makes, possesses, sells, gives, or otherwise transfers to another, or offers or advertises any instrument, apparatus, or device with intent to use it or with knowledge or reason to believe it is intended to be used to avoid any lawful telephone or telegraph toll charge or to conceal the existence or place of origin or destination of any telephone or telegraph message.
(2)CA Penal Law Code § 502.7(b)(2) Sells, gives, or otherwise transfers to another or offers, or advertises plans or instructions for making or assembling an instrument, apparatus, or device described in paragraph (1) of this subdivision with knowledge or reason to believe that they may be used to make or assemble the instrument, apparatus, or device.
(c)CA Penal Law Code § 502.7(c) Any person who publishes the number or code of an existing, canceled, revoked, expired, or nonexistent credit card, or the numbering or coding which is employed in the issuance of credit cards, with the intent that it be used or with knowledge or reason to believe that it will be used to avoid the payment of any lawful telephone or telegraph toll charge is guilty of a misdemeanor. Subdivision (g) shall not apply to this subdivision. As used in this section, “publishes” means the communication of information to any one or more persons, either orally, in person or by telephone, radio, or television, or electronic means, including, but not limited to, a bulletin board system, or in a writing of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper, or magazine article, or book.
(d)CA Penal Law Code § 502.7(d) Any person who is the issuee of a calling card, credit card, calling code, or any other means or device for the legal use of telecommunications services and who receives anything of value for knowingly allowing another person to use the means or device in order to fraudulently obtain telecommunications services is guilty of a misdemeanor or a felony, except as provided in subdivision (g).
(e)CA Penal Law Code § 502.7(e) Subdivision (a) applies when the telephone or telegraph communication involved either originates or terminates, or both originates and terminates, in this state, or when the charges for service would have been billable, in normal course, by a person providing telephone or telegraph service in this state, but for the fact that the charge for service was avoided, or attempted to be avoided, by one or more of the means set forth in subdivision (a).
(f)CA Penal Law Code § 502.7(f) Jurisdiction of an offense under this section is in the jurisdictional territory where the telephone call or telegram involved in the offense originates or where it terminates, or the jurisdictional territory to which the bill for the service is sent or would have been sent but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in subdivision (a).
(g)CA Penal Law Code § 502.7(g) Theft of any telephone or telegraph services under this section by a person who has a prior misdemeanor or felony conviction for theft of services under this section within the past five years, is a felony.
(h)CA Penal Law Code § 502.7(h) Any person or telephone company defrauded by any acts prohibited under this section shall be entitled to restitution for the entire amount of the charges avoided from any person or persons convicted under this section.
(i)CA Penal Law Code § 502.7(i) Any instrument, apparatus, device, plans, instructions, or written publication described in subdivision (b) or (c) may be seized under warrant or incident to a lawful arrest, and, upon the conviction of a person for a violation of subdivision (a), (b), or (c), the instrument, apparatus, device, plans, instructions, or written publication may be destroyed as contraband by the sheriff of the county in which the person was convicted or turned over to the person providing telephone or telegraph service in the territory in which it was seized.
(j)CA Penal Law Code § 502.7(j) Any computer, computer system, computer network, or any software or data, owned by the defendant, which is used during the commission of any public offense described in this section or any computer, owned by the defendant, which is used as a repository for the storage of software or data illegally obtained in violation of this section shall be subject to forfeiture.

Section § 502.8

Explanation

This law addresses illegal activities involving telecommunications equipment. If you knowingly advertise, possess, or use equipment designed to illegally dodge telecommunication fees or aid criminal activities, you could face criminal charges ranging from misdemeanors to felonies, depending on the severity and number of offenses. Repeat offenders face harsher penalties, including prison time and hefty fines.

Additionally, if you're found with a large quantity of such equipment or if you manufacture it to cheat telecommunication providers, you'd be committing a felony.

The law defines illegal telecommunications equipment as anything used to bypass lawful charges, tamper with identification numbers, or conceal communications. If caught trying to evade fees, courts can order you to pay the service provider compensation, which could be a set amount or three times their losses, whichever is more, plus legal fees.

(a)CA Penal Law Code § 502.8(a) Any person who knowingly advertises illegal telecommunications equipment is guilty of a misdemeanor.
(b)CA Penal Law Code § 502.8(b) Any person who possesses or uses illegal telecommunications equipment intending to avoid the payment of any lawful charge for telecommunications service or to facilitate other criminal conduct is guilty of a misdemeanor.
(c)CA Penal Law Code § 502.8(c) Any person found guilty of violating subdivision (b), who has previously been convicted of the same offense, shall be guilty of a felony, punishable by imprisonment in state prison, a fine of up to fifty thousand dollars ($50,000), or both.
(d)CA Penal Law Code § 502.8(d) Any person who possesses illegal telecommunications equipment with intent to sell, transfer, or furnish or offer to sell, transfer, or furnish the equipment to another, intending to avoid the payment of any lawful charge for telecommunications service or to facilitate other criminal conduct is guilty of a misdemeanor punishable by one year in a county jail or imprisonment in state prison or a fine of up to ten thousand dollars ($10,000), or both.
(e)CA Penal Law Code § 502.8(e) Any person who possesses 10 or more items of illegal telecommunications equipment with intent to sell or offer to sell the equipment to another, intending to avoid payment of any lawful charge for telecommunications service or to facilitate other criminal conduct, is guilty of a felony, punishable by imprisonment in state prison, a fine of up to fifty thousand dollars ($50,000), or both.
(f)CA Penal Law Code § 502.8(f) Any person who manufactures 10 or more items of illegal telecommunications equipment with intent to sell or offer to sell the equipment to another, intending to avoid the payment of any lawful charge for telecommunications service or to facilitate other criminal conduct is guilty of a felony punishable by imprisonment in state prison or a fine of up to fifty thousand dollars ($50,000), or both.
(g)CA Penal Law Code § 502.8(g) For purposes of this section, “illegal telecommunications equipment” means equipment that operates to evade the lawful charges for any telecommunications service; surreptitiously intercept electronic serial numbers or mobile identification numbers; alter electronic serial numbers; circumvent efforts to confirm legitimate access to a telecommunications account; conceal from any telecommunications service provider or lawful authority the existence, place of origin, or destination of any telecommunication; or otherwise facilitate any other criminal conduct. “Illegal telecommunications equipment” includes, but is not limited to, any unauthorized electronic serial number or mobile identification number, whether incorporated into a wireless telephone or other device or otherwise. Items specified in this subdivision shall be considered illegal telecommunications equipment notwithstanding any statement or disclaimer that the items are intended for educational, instructional, or similar purposes.
(h)Copy CA Penal Law Code § 502.8(h)
(1)Copy CA Penal Law Code § 502.8(h)(1) In the event that a person violates the provisions of this section with the intent to avoid the payment of any lawful charge for telecommunications service to a telecommunications service provider, the court shall order the person to pay restitution to the telecommunications service provider in an amount that is the greater of the following:
(A)CA Penal Law Code § 502.8(h)(1)(A) Five thousand dollars ($5,000).
(B)CA Penal Law Code § 502.8(h)(1)(B) Three times the amount of actual damages, if any, sustained by the telecommunications service provider, plus reasonable attorney fees.
(2)CA Penal Law Code § 502.8(h)(2) It is not a necessary prerequisite to an order of restitution under this section that the telecommunications service provider has suffered, or be threatened with, actual damages.

Section § 502.9

Explanation

If someone is found guilty of a felony under this chapter and the victim was an elderly or dependent person, this will be treated as an aggravating factor. This means it could lead to a harsher sentence according to specific sentencing rules.

Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.