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CA Penal Code-Crimes Against Property

Terms

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copy deck
PC 484
THEFT

(DEFINITION)

taking and carrying away (asportation) or fradulently appropriate with the specific intent to permanently deprive property of another without consent of the owner by false pretences, or by trick or device
PC 487
GRAND THEFT

(FELONY)

money, labor, or real or personal property taken is of a value exceeding four hundred dollars ($400)
omestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding one hundred dollars ($100)
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 one hundred dollars ($100)
money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates four hundred dollars ($400) or more in any 12 consecutive month period
when property is taken from the person of another
When the property taken is any of the following:
(1) An automobile, horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or pig.
(2) A firearm.
PC 488
PETTY THEFT

(MISDEMEANOR)

any theft other than grand theft
PC 484e(a)
POSSESSION OF STOLEN ACCESS CARD

(FELONY)

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.
PC 499b
TEMPORARILY TAKING BICYCLE OR VESSEL

(MISDEMEANOR)

Any person who shall, without the permission of the owner thereof, take any bicycle or vessel for the purpose of temporarily using or operating the same
CVC 10851
VEHICLE THEFT

(FELONY)

Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle
PC 487(d)(1)
GRAND THEFT-VEHICLE

(FELONY)

when the property taken is any motor vehicle
CVC 10855
FAILURE TO RETURN LEASED OR RENTED VEHICLE

(FELONY)

henever any person who has leased or rented a vehicle wilfully and intentionally fails to return the vehicle to its owner within five days after the lease or rental agreement has expired, that person shall be presumed to have embezzled the vehicle
PC 537(a)
DEFRAUDING AN INNKEEPER

(MISD. FELONY IF OVER $400)

Any person who obtains any food, fuel, services, or accommodations at a hotel, inn, restaurant, boardinghouse, lodginghouse, apartment house, bungalow court, motel, marina, marine facility, autocamp, ski area, or public or private campground, without paying therefor, with intent to defraud the proprietor or manager thereof
PC 503
EMBEZZLEMENT

(MISD. FELONY IF OVER $400)

fraudulent appropriation of property by a person to whom it has been intrusted (a fiduciary relationship exists)
there must be an intent to deprive the owner of his/her property either permanently, or temporarily
classification is based on value of property, unless public funds are appropriated
no distinct act of taking is necessary (PC 509)
PC 459
BURGLARY

(FELONY)

entry into a structure with the intent to commit petty theft, grand theft, or any felony
PC 466
POSSESSION OF BURGLARY TOOLS

(MISDEMEANOR)

possession of certain tools, or knowingly making or attempting to make a ket or other instrument to fit another building without the legal request, and specific intent to break or enter any building for the purpose of committing any misdemeanor or felony
PC 537e
ALTERATION OF SERIAL NUMBERS

(MISD. FELONY IF PROP. OVER $400 OR COMPUTER CHIP)

Any person who knowingly buys, sells, receives, disposes of, conceals, or has in his or her possession any personal property from which the manufacturer's serial number has been removed, defaced, covered, altered, or destroyed
PC 496(a)
RECEIVING STOLEN PROPERTY

(FELONY)

knowingly buy, receive, conceal or withhold property obtained by theft or extortion, or merchandise dealer, who without inquiry as to legal right of seller buys or receives stolen property under circumstances dictating an inquiry is presumed to have known property to be stolen
PC 485
APPROPRIATION OF LOST PROPERTY

(MISD. FELONY IF OVER $400)

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
PC 470
FORGERY

(FELONY)

with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person
PC 476a
WRITING CHECKS WITH INTENT TO DEFRAUD

(FELONY OR MISD. IF AMOUNT UNDER $200)

willfully, with intent to defraud, makes or draws or utters or delivers any check, or draft or order upon any bank or depositary, or person, or firm, or corporation, for the payment of money, knowing at the time of such making, drawing, uttering, or delivering that the maker or drawer or the corporation has not sufficient funds in, or credit with said bank or depositary, or person, or firm, or corporation, for the payment of such check, draft, or order and all other checks, drafts, or orders upon such funds then outstanding, in full upon its presentation, although no express representation is made with reference thereto
PC 451
ARSON

(FELONY)

willfully and maliciously (as defined in PC 450) sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property
PC 594.3(a)
VANDALISM TO RELIGIOUS PROPERTY

(FELONY)

Any person who knowingly commits any act of vandalism to a church, synagogue, building owned and occupied by a religious educational institution, or other place primarily used as a place of worship where religious services are regularly conducted or a cemetery
PC 594.3(b)
VANDALISM TO RELIGIOUS PROPERTY BECAUSE OF RACE, RELIGION, COLOR OR NATIONAL ORIGIN

(FELONY)

Any person who knowingly commits any act of vandalism to a church, synagogue, building owned and occupied by a religious educational institution, or other place primarily used as a place of worship where religious services are regularly conducted or a cemetery, which is shown to have been committed by reason of the race, color, religion, or national origin of another individual or group of individuals and to have been committed for the purpose of intimidating and deterring persons from freely exercising their religious beliefs
PC 602.5(a)
UNAUTHORIZED ENTRY OF DWELLING

(MISDEMEANOR)

Every person other than a public officer or employee acting within the course and scope of his or her employment in performance of a duty imposed by law, who enters or remains in any noncommercial dwelling house, apartment, or other residential place without consent of the owner, his or her agent, or the person in lawful possession thereof
PC 602(l)
TRESPASSING ENTERING, OCCUPYING REAL PROPERTY

(MISDEMEANOR)

enter and occupy real property or structures of any kind without the consent of the owner, owner's agent or person in lawful possession
PC 601
TRESPASS WITH CREDIBLE THREAT TO CAUSE INJURY

(FELONY)

makes a credible threat to cause serious bodily injury places that person in fear for safety or safety of immediate family within 30 days of threat, unlawfully enters the real property with the intent to execute the threat
PC 602.1(a)
OBSTRUCTING OR INTIMIDATING BUSINESS OPERATORS OR CUSTOMERS

(MISDEMEANOR)

Any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owner's agent, or by a peace officer acting at the request of the owner or owner's agent
PC 594
VANDALISM

(MISD. FELONY IF DAMAGES ARE $400 OR MORE)

Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism:
(1) Defaces with graffiti or other inscribed material.
(2) Damages.
(3) Destroys.
PC 597(a)
CRUELTY TO ANIMALS

(FELONY)

maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal
LANDLORD TENANT DISPUTE: PROHIBITIONS AGAINST LANDLORD
absent an eviction, may not deny tenant access to residence (PC 418)

may not seize tenant's personal property in payment for past-due rent (PC 418)

may not remove or damage any portion of the rental unit to harass or force tenant to leave (PC 594)

may not enter tenant's premises without permission unless an emergency (PC 602.5)

DISRUPTION OF UTILITIES (PC 591, 593, 593C, 624)
DETERMINING PROPERTY VALUE
The value of the property is determined by the reasonable and fair market value. If the property is and item from a retail store, the value of the intem is the market retail value plus tax.

If the property is in the form of services received, the contract price of the service is the market value.

Deck Info

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