PENAL CODE 459 PC- BURGLARY
647. Except as provided in paragraph (5) of subdivision (b) and subdivision (k),
every person who commits any of the following acts is guilty of disorderly conduct,
a misdemeanor:
(a) An individual who solicits anyone to engage in or who engages in lewd or
dissolute conduct in any public place or in any place open to the public or exposed
to public view.
(b) (1) An individual who solicits, or who agrees to engage in, or who engages
in, any act of prostitution with the intent to receive compensation, money, or anything
of value from another person. An individual agrees to engage in an act of prostitution
when, with specific intent to so engage, the individual manifests an acceptance of an
offer or solicitation by another person to so engage, regardless of whether the offer
or solicitation was made by a person who also possessed the specific intent to engage
in an act of prostitution.
(2) An individual who solicits, or who agrees to engage in, or who engages in, any
act of prostitution with another person who is 18 years of age or older in exchange
for the individual providing compensation, money, or anything of value to the other
person. An individual agrees to engage in an act of prostitution when, with specific
intent to so engage, the individual manifests an acceptance of an offer or solicitation
by another person who is 18 years of age or older to so engage, regardless of whether
the offer or solicitation was made by a person who also possessed the specific intent
to engage in an act of prostitution.
(3) An individual who solicits, or who agrees to engage in, or who engages in, any
act of prostitution with another person who is a minor in exchange for the individual
providing compensation, money, or anything of value to the minor. An individual
agrees to engage in an act of prostitution when, with specific intent to so engage, the
individual manifests an acceptance of an offer or solicitation by someone who is a
minor to so engage, regardless of whether the offer or solicitation was made by a
minor who also possessed the specific intent to engage in an act of prostitution.
(4) A manifestation of acceptance of an offer or solicitation to engage in an act of
prostitution does not constitute a violation of this subdivision unless some act, in
addition to the manifestation of acceptance, is done within this state in furtherance
of the commission of the act of prostitution by the person manifesting an acceptance
of an offer or solicitation to engage in that act. As used in this subdivision,
“prostitution” includes any lewd act between persons for money or other consideration.
(5) Notwithstanding paragraphs (1) to (3), inclusive, this subdivision does not
apply to a child under 18 years of age who is alleged to have engaged in conduct toreceive money or other consideration that would, if committed by an adult, violate
this subdivision. A commercially exploited child under this paragraph may be adjudged
a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section
300 of the Welfare and Institutions Code and may be taken into temporary custody
pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the
conditions allowing temporary custody without warrant are met.
(c) Who accosts other persons in any public place or in any place open to the public
for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the purpose of engaging
in or soliciting any lewd or lascivious or any unlawful act.
(e) Who lodges in any building, structure, vehicle, or place, whether public or
private, without the permission of the owner or person entitled to the possession or
in control of it.
(f) Who is found in any public place under the influence of intoxicating liquor,
any drug, controlled substance, toluene, or any combination of any intoxicating liquor,
drug, controlled substance, or toluene, in a condition that they are unable to exercise
care for their own safety or the safety of others, or by reason of being under the
influence of intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public way.
(g) If a person has violated subdivision (f), a peace officer, if reasonably able to
do so, shall place the person, or cause the person to be placed, in civil protective
custody. The person shall be taken to a facility, designated pursuant to Section 5170
of the Welfare and Institutions Code, for the 72-hour treatment and evaluation of
inebriates. A peace officer may place a person in civil protective custody with that
kind and degree of force authorized to effect an arrest for a misdemeanor without a
warrant. A person who has been placed in civil protective custody shall not thereafter
be subject to any criminal prosecution or juvenile court proceeding based on the facts
giving rise to this placement. This subdivision does not apply to the following persons:
(1) A person who is under the influence of any drug, or under the combined
influence of intoxicating liquor and any drug.
(2) A person who a peace officer has probable cause to believe has committed any
felony, or who has committed any misdemeanor in addition to subdivision (f).
(3) A person who a peace officer in good faith believes will attempt escape or will
be unreasonably difficult for medical personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of another, at any
time, without visible or lawful business with the owner or occupant. As used in this
subdivision, “loiter” means to delay or linger without a lawful purpose for being on
the property and for the purpose of committing a crime as opportunity may be
discovered.
(i) Who, while loitering, prowling, or wandering upon the private property of
another, at any time, peeks in the door or window of any inhabited building or structure,
without visible or lawful business with the owner or occupant.(j) (1) A person who looks through a hole or opening, into, or otherwise views,
by means of any instrumentality, including, but not limited to, a periscope, telescope,
binoculars, camera, motion picture camera, camcorder, mobile phone, electronic
device, or unmanned aircraft system, the interior of a bedroom, bathroom, changing
room, fitting room, dressing room, or tanning booth, or the interior of any other area
in which the occupant has a reasonable expectation of privacy, with the intent to
invade the privacy of a person or persons inside. This subdivision does not apply to
those areas of a private business used to count currency or other negotiable instruments.
(2) A person who uses a concealed camcorder, motion picture camera, or
photographic camera of any type, to secretly videotape, film, photograph, or record
by electronic means, another identifiable person under or through the clothing being
worn by that other person, for the purpose of viewing the body of, or the undergarments
worn by, that other person, without the consent or knowledge of that other person,
with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of
that person and invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy. For the purposes of this
paragraph, “identifiable” means capable of identification, or capable of being
recognized, meaning that someone, including the victim, could identify or recognize
the victim. It does not require the victim’s identity to actually be established.
(3) (A) A person who uses a concealed camcorder, motion picture camera, or
photographic camera of any type, to secretly videotape, film, photograph, or record
by electronic means, another identifiable person who may be in a state of full or partial
undress, for the purpose of viewing the body of, or the undergarments worn by, that
other person, without the consent or knowledge of that other person, in the interior
of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning
booth, or the interior of any other area in which that other person has a reasonable
expectation of privacy, with the intent to invade the privacy of that other person. For
the purposes of this paragraph, “identifiable” means capable of identification, or
capable of being recognized, meaning that someone, including the victim, could
identify or recognize the victim. It does not require the victim’s identity to actually
be established.
(B) Neither of the following is a defense to the crime specified in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant, employer, employee,
or business partner or associate of the victim, or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(4) (A) A person who intentionally distributes the image of the intimate body part
or parts of another identifiable person, or an image of the person depicted engaged
in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an
image of masturbation by the person depicted or in which the person depicted
participates, under circumstances in which the persons agree or understand that the
image shall remain private, the person distributing the image knows or should know
that distribution of the image will cause serious emotional distress, and the person
depicted suffers that distress.(B) A person intentionally distributes an image described in subparagraph (A)
when that person personally distributes the image, or arranges, specifically requests,
or intentionally causes another person to distribute that image.
(C) As used in this paragraph, “intimate body part” means any portion of the
genitals, the anus and, in the case of a female, also includes any portion of the breasts
below the top of the areola, that is either uncovered or clearly visible through clothing.
(D) It shall not be a violation of this paragraph to distribute an image described in
subparagraph (A) if any of the following applies:
(i) The distribution is made in the course of reporting an unlawful activity.
(ii) The distribution is made in compliance with a subpoena or other court order
for use in a legal proceeding.
(iii) The distribution is made in the course of a lawful public proceeding.
(5) This subdivision does not preclude punishment under any section of law
providing for greater punishment.
(k) (1) A second or subsequent violation of subdivision (j) is punishable by
imprisonment in a county jail not exceeding one year, or by a fine not exceeding two
thousand dollars ($2,000), or by both that fine and imprisonment.
(2) If the victim of a violation of subdivision (j) was a minor at the time of the
offense, the violation is punishable by imprisonment in a county jail not exceeding
one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that
fine and imprisonment.
(l) (1) If a crime is committed in violation of subdivision (b) and the person who
was solicited was a minor at the time of the offense, and if the defendant knew or
should have known that the person who was solicited was a minor at the time of the
offense, the violation is punishable by imprisonment in a county jail for not less than
two days and not more than one year, or by a fine not exceeding ten thousand dollars
($10,000), or by both that fine and imprisonment.
(2) The court may, in unusual cases, when the interests of justice are best served,
reduce or eliminate the mandatory two days of imprisonment in a county jail required
by this subdivision. If the court reduces or eliminates the mandatory two days’
imprisonment, the court shall specify the reason on the record.
(Amended by Stats. 2020, Ch. 370, Sec. 229. (SB 1371) Effective January 1, 2021.)
PENAL CODE 487 PC- GRAND THEFT
487. Grand theft is theft committed in any of the following cases:
(a) When the money, labor, or real or personal property taken is of a value
exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b).
(b) Notwithstanding subdivision (a), grand theft is committed in any of the
following cases:
(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) 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) 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) Where the money, labor, or real or personal property is taken by a servant,
agent, or employee from his or her principal or employer and aggregates nine hundred
fifty dollars ($950) or more in any 12 consecutive month period.
(c) When the property is taken from the person of another.
(d) When the property taken is any of the following:
(1) An automobile.
(2) A firearm.
(Amended by Stats. 2013, Ch. 618, Sec. 7. (AB 924) Effective January 1, 2014.)
PENAL CODE 484 PC- PETTY THEFT
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) (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) 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) 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) The presumptions created by subdivisions (b) and (c) are presumptions affecting
the burden of producing evidence.
(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.
(Amended by Stats. 2000, Ch. 176, Sec. 1. Effective January 1, 2001.)
PENAL CODE 496d PC- RECEIVING A STOLEN VEHICLE
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) 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) 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) 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.
(Amended November 4, 2014, by initiative Proposition 47, Sec. 9.)
PENAL CODE 503- EMBEZZLEMENT
503. Embezzlement is the fraudulent appropriation of property by a person to whom
it has been intrusted.
(Enacted 1872.)
PENAL CODE 530.5 PC- IDENTITY THEFT
530.5. (a) Every person who willfully obtains personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person, and uses that
information for any unlawful purpose, including to obtain, or attempt to obtain, credit,
goods, services, real property, or medical information without the consent of that
person, is guilty of a public offense, and upon conviction therefor, shall be punished
by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine
and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.
(b) In any case in which a person willfully obtains personal identifying information
of another person, uses that information to commit a crime in addition to a violation
of subdivision (a), and is convicted of that crime, the court records shall reflect that
the person whose identity was falsely used to commit the crime did not commit the
crime.
(c) (1) Every person who, with the intent to defraud, acquires or retains possession
of the personal identifying information, as defined in subdivision (b) of Section 530.55,
of another person is guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by imprisonment in a county jail not to exceed one year, or by
both a fine and imprisonment.
(2) Every person who, with the intent to defraud, acquires or retains possession of
the personal identifying information, as defined in subdivision (b) of Section 530.55,
of another person, and who has previously been convicted of a violation of this section,
upon conviction therefor shall be punished by a fine, by imprisonment in a county
jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment
pursuant to subdivision (h) of Section 1170.
(3) Every person who, with the intent to defraud, acquires or retains possession of
the personal identifying information, as defined in subdivision (b) of Section 530.55,
of 10 or more other persons is guilty of a public offense, and upon conviction therefor,
shall be punished by a fine, by imprisonment in a county jail not to exceed one year,
or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h)
of Section 1170.
(d) (1) Every person who, with the intent to defraud, sells, transfers, or conveys
the personal identifying information, as defined in subdivision (b) of Section 530.55,
of another person is guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by imprisonment in a county jail not to exceed one year, or by
both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of
Section 1170.(2) Every person who, with actual knowledge that the personal identifying
information, as defined in subdivision (b) of Section 530.55, of a specific person will
be used to commit a violation of subdivision (a), sells, transfers, or conveys that same
personal identifying information is guilty of a public offense, and upon conviction
therefor, shall be punished by a fine, by imprisonment pursuant to subdivision (h) of
Section 1170, or by both a fine and imprisonment.
(e) Every person who commits mail theft, as defined in Section 1708 of Title 18
of the United States Code, is guilty of a public offense, and upon conviction therefor
shall be punished by a fine, by imprisonment in a county jail not to exceed one year,
or by both a fine and imprisonment. Prosecution under this subdivision shall not limit
or preclude prosecution under any other provision of law, including, but not limited
to, subdivisions (a) to (c), inclusive, of this section.
(f) An interactive computer service or access software provider, as defined in
subsection (f) of Section 230 of Title 47 of the United States Code, shall not be liable
under this section unless the service or provider acquires, transfers, sells, conveys, or
retains possession of personal information with the intent to defraud.
(Amended by Stats. 2011, Ch. 15, Sec. 383. (AB 109) Effective April 4, 2011. Operative October 1,
2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
ARSANY LAW CRIMINAL DEFENSE ATTORNEY 