In the state of California, when a state of emergency is declared due to a natural disaster, such as an earthquake, flood, or wildfire, or a manmade situation, such as a riot, certain crimes can be charged under the looting laws.
For example, crimes such as petty theft, burglary, and grand theft can all be charged as violations of California Penal Code Section 463, a harsh law with serious penalties.
To be guilty of looting, you must commit a specific underlying offense, such as burglary or theft, and do so during the specified emergency period and in the affected area. The penalties can range from misdemeanor to felony, depending on the specific crime committed, and can include jail time, fines, and probation. These penalties are not to be taken lightly, underscoring the seriousness of the crime.
A state of emergency can be declared by either the Governor of the State of California or a local governing body. States of emergency are typically declared as a result of a riot, flood, severe earthquakes, wildfires, storms, or other severe weather.
It's crucial to understand that looting is not just theft or burglary, but a significantly more serious offense that carries substantially higher penalties upon conviction. Even if probation is granted, a brief mandatory sentence in county jail may still be required, underscoring the gravity of the crime and the strict enforcement of looting laws in California.
What Does Penal Code 463 PC Say?
PC 463 says, "(a) Every person who violates Section 459, punishable as a second-degree burglary pursuant to subdivision (b) of Section 461, during and within an affected county in a “state of emergency” or a “local emergency,” or under an “evacuation order,” resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster shall be guilty of the crime of looting, punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170.
Any person convicted under this subdivision who is eligible for probation and who is granted probation shall, as a condition thereof, be confined in a county jail for at least 180 days, except that the court may, in the case where the interest of justice would best be served, reduce or eliminate that mandatory jail sentence, if the court specifies on the record and enters into the minutes the circumstances indicating that that disposition would best serve the interest of justice.
In addition to whatever custody is ordered, the court, in its discretion, may require any person granted probation following conviction under this subdivision to serve up to 240 hours of community service in any program deemed appropriate by the court, including any program created to rebuild the community.
(b) Every person who commits the crime of grand theft, as defined in Section 487 or subdivision (a) of Section 487a, except grand theft of a firearm, during and within an affected county in a “state of emergency” or a “local emergency,” or under an “evacuation order,” resulting from an earthquake, fire, flood, riot, or other natural or unnatural disaster shall be guilty of the crime of looting, punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170..."
(c) Every person who commits the crime of petty theft, as defined in Section 488, during and within an affected county in a “state of emergency” or a “local emergency,” or under an “evacuation order,” resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster shall be guilty of a misdemeanor, punishable by imprisonment in a county jail for six months...."
Key Looting Takeaways
- PC 463 directly addresses crimes of theft or burglary committed during a declared emergency due to natural disasters or manmade events.
- The law was enacted with a clear purpose-to deter individuals from taking advantage of chaotic and vulnerable situations during crises.
- This law underscores the crucial role of the legal system in preventing looting and protecting communities, providing a sense of reassurance to the audience about the state's commitment to maintaining order during emergencies.
- Due to the fact that looting exploits communities in distress, California law imposes harsher penalties on individuals convicted under Penal Code 463 compared to those for first or second-degree burglary alone.
- Unlike traditional burglary, which involves breaking and entering with the intent to commit a crime, looting specifically targets areas affected by emergencies, making it a more severe offense.
- Looting by burglary is a second-degree burglary defined as entering any structure that is not an inhabited dwelling, such as a store, with the intent to commit either a theft or any felony once inside.
- Looting by grand theft is defined as stealing property with a value of more than $950.
- Looting by petty theft is defined as stealing property with a value of less than $950.
Key Looting Terms
Penal Code 463(d) says, "A “state of emergency” or a "local emergency" means conditions that, by reason of their magnitude, are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat.
(3) For purposes of this section, a “state of emergency” shall exist from the time of the proclamation of the condition of the emergency until terminated pursuant to Section 8629 of the Government Code. For purposes of this section only, a “local emergency” shall exist from the time of the proclamation of the condition of the emergency by the local governing body until terminated pursuant to Section 8630 of the Government Code.
(4) For purposes of this section, “evacuation order” means an order from the Governor, or a county sheriff, chief of police, or fire marshal, under which persons subject to the order are required to relocate outside of the geographic area covered by the order due to an imminent danger. Imminent danger refers to a threat that is likely to occur immediately or in the very near future, such as a rapidly spreading wildfire or a riot that is escalating.
Simply put, a state of emergency is declared when a disaster exceeds the resources of local governments, such as during earthquakes, floods, or wildfires—a local emergency, declared by a city or county for localized disasters requiring immediate action. An evacuation order is issued to protect residents from danger, such as civil unrest or structural dangers.
What Must Be Proven to Convict?
To convict you of looting under Penal Code 463 PC, the district attorney must prove certain factors beyond a reasonable doubt:
- You committed an intentional act of burglary, petty theft, or grand theft. The prosecutors must prove that you acted with a specific intent to commit these crimes. This might include unauthorized entry into a property with the intent to steal or commit a felony, entering residential or commercial buildings, or stealing items from vulnerable areas. Specific intent means that you had a conscious objective to commit the crime, not just that the crime happened as a result of your actions.
- A declared emergency or evacuation order was in effect at the time the alleged burglary or theft was committed.
- You knew the emergency condition or evacuation order was in effect at the time of the alleged offense.
Notably, even damage to a building caused by a disaster does not excuse unlawful entry or theft. The law is designed to ensure that communities can recover without additional harm caused by criminal activities.
What are the Related Laws?
California has several laws that are often charged along with, or instead of, Penal Code 463 PC looting, such as:
- Penal Code 404 PC participating in a riot, which is defined as acting together with one or more other people to use force or violence, or credibly threaten to use force or violence, to disturb the public peace.
- Penal Code 594 PC vandalism, which prohibits defacing, damaging, or destroying someone else's property. The penalties for California vandalism depend on the value of the property that is damaged.
- Penal Code 603 PC trespassing prohibits entering someone's property without permission to do so..
- Penal Code 409.5, unauthorized entry into a closed area law makes it a crime to enter an area that has been closed by law enforcement because of a disaster such as a flood, earthquake, accident, explosion, etc. You are only guilty of this crime if you enter the area willfully and knowingly and remain there even after you have been asked to leave.
What are the Penalties for Looting?
Looting in California is a "wobbler" offense, meaning it can be charged either as a misdemeanor or a felony. The offense is punished based on the type of underlying offense and the state of the declared emergency:
- Looting by burglary or grand theft carries a one-year county jail term for a misdemeanor or imprisonment up to three years for a felony charge. Courts may also impose probation requiring at least 180 days in county jail. If the theft involves a firearm, the offense carries even more severe penalties.
- Looting by petty theft is a misdemeanor punishable by up to six months in jail. The court has discretion to impose probation, usually including at least 90 days in jail.
- In all cases above, community service hours are often mandated in addition to incarceration, particularly in programs focused on rebuilding the community.
What are the Looting Defenses?
If you're facing charges of looting, our California criminal defense attorneys can use different strategies to challenge the charges.
Perhaps we can argue a lack of intent. A primary element of looting is entering a structure with the intent to commit theft. If you did not intend to steal or commit a felony, your actions may not meet the legal definition of looting.
Suppose the prosecution cannot establish that an official state of emergency or evacuation order was in effect at the time of the alleged offense. In that case, the looting charge doesn't apply, but theft or burglary charges might still be imposed.
Eyewitness testimony or unclear surveillance footage in times of chaos or crisis can result in false allegations. If there is insufficient evidence tying you to the crime, your defense team can argue for dismissal.
We might argue that extraordinary personal circumstances, not criminal intent, motivated your actions, such as the urgent need to obtain food or shelter for yourself or loved ones.
Any evidence collected unlawfully, such as through improper searches or arrests, may be suppressed, weakening the prosecution's case against you. For more information, contact the Hedding Law Firm, located in Los Angeles, CA.
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