Of Crimes Against PropertyLarceny
Section § 484
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.
Section § 484
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.
Section § 484
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.
Section § 484
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.
Section § 484
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.
Section § 484
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.
Section § 484
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.
Section § 484
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.
Section § 484
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.
Section § 484
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.
Section § 484.1
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.
Section § 485
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.
Section § 486
This law divides theft into two categories based on severity: grand theft and petty theft.
Section § 487
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.
Section § 487
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.
Section § 487
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.
Section § 487
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.
Section § 487
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.
Section § 487
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.
Section § 487
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.
Section § 487
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.
Section § 487
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.
Section § 487
If someone cheats a public housing program out of over $400, they're committing grand theft.
Section § 487
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.
Section § 487
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.
Section § 487
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.
Section § 488
This section means that if a theft doesn't fall under any other specific category, it is considered petty theft.
Section § 489
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.
Section § 490
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.
Section § 490
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.
Section § 490.1
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.
Section § 490.2
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.
Section § 490.3
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.
Section § 490.4
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.
Section § 490.5
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.
Section § 490.6
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.
Section § 490.7
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.
Section § 490.8
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.
Section § 491
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.
Section § 492
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.
Section § 493
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.
Section § 494
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.
Section § 495
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.
Section § 496
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.
Section § 496
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.
Section § 496
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.
Section § 496
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.
Section § 496
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.
Section § 496
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.
Section § 496.5
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.
Section § 496.6
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.
Section § 497
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.
Section § 498
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.
Section § 499
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.
Section § 499
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.
Section § 499
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.
Section § 499
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.
Section § 500
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.
Section § 501
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.
Section § 502
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.
Section § 502.01
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.
Section § 502.5
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.
Section § 502.6
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.
Section § 502.7
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.
Section § 502.8
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.
Section § 502.9
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.