California Penal Code Section 463 PC: Looting

Looting can be a big problem during emergencies in California. The state has a law, Penal Code Section 463, that makes looting a crime. This article will explain what the law says and what the penalties are.

What is looting?

Looting is when someone takes advantage of an emergency to steal things. The legal definition says looting happens when someone:

• Commits burglary
• Steals during a state of emergency declared by the government
• Steals during or after an earthquake, fire, flood, riot or other disaster

So if there is an evacuation order because of a big wildfire, and someone breaks into a home in the evacuation zone and steals stuff, that would be looting. Or if there is a big riot downtown and people start breaking windows and taking things from shops, that would be looting too.

What are the penalties?

Looting is a felony in California. A felony is the most serious type of crime. The penalties depend on exactly what was stolen and the person’s criminal record, but can include:

• Up to 3 years in state prison
• Up to $10,000 in fines
• At least 180 days in county jail, even if given probation
• Up to 240 hours of community service

Looting can also count as a “strike” under California’s Three Strikes law. That means if someone is convicted of looting and already has a past felony, their sentence can be doubled. If they already have two felonies, they can get a life sentence.

What are some examples of looting cases?

Here are a few real cases where people were charged with looting in California:

• During the 1992 Los Angeles riots, many people broke into shops and stole merchandise. Over 100 people were charged with looting.
• In 2014, three people broke into homes in San Diego County that were evacuated during wildfires. They were arrested for looting.
• In 2020, over a dozen people were charged with looting in Santa Monica during protests over the George Floyd killing. They stole from shops that were closed due to the protests.

How can someone fight looting charges?

There are a few legal defenses that a lawyer could use to contest looting charges, such as:

• No emergency: If there actually wasn’t an emergency or disaster at the time, then it may not qualify as looting under the law.
• Falsely accused: The person may claim they did not actually commit burglary or theft during the emergency.
• Necessity: The person may argue they only stole food, water or other necessities for survival during the emergency.

What other crimes could someone be charged with?

Prosecutors often charge looting defendants with other additional crimes, such as:

• Burglary: This is the actual breaking into a building or property to steal.
• Grand theft: If the stolen property was worth more than $950.
• Vandalism: For any damage done during the looting.
• Conspiracy: If multiple people were involved in planning the looting.

Why do people think the looting law is controversial?

The looting law has been criticized for a few reasons:

• People claim it punishes poverty – some looters are just trying to find food, water or supplies.
• Police and prosecutors have misused it to punish protesters like those demonstrating against police brutality.
• The punishments seem excessive when people are stealing small items of low value.
• It disproportionately impacts people of color – one study found over 80% of looting defendants in LA in 1992 were Black or Latino.

Supporters argue the law is needed to protect property and prevent crime waves during disasters. But the penalties seem harsh to critics.

What should someone do if accused of looting?

Here are some tips if you or a loved one is accused of looting:

• Remain silent and only speak to a lawyer. Anything you say can be used against you.
• Hire an experienced criminal defense lawyer right away.
• Follow your lawyer’s advice about whether to fight the charges or try to plea bargain.
• Ask your lawyer about possible defenses that could get the charges reduced or dismissed.

Dealing with looting charges is scary. But a good lawyer can help advise you and protect your rights. Don’t say anything to police and let your lawyer handle fighting the case.

Conclusion

Looting can bring severe penalties like years in prison. But the law is controversial and some defenses may apply. People accused of looting should stay silent and hire a lawyer to help build their defense.