Property Crimes

Defrauding an Innkeeper

537 PC

obtaining any food, fuel, services, or accommodations at a designated facility without paying, with intent to defraud the proprietor or manager

• The obtaining of 

• Food, services, or accommodations

• At a designed facility without paying

• With intent to defraud the proprietor or manager 

• The crime of defrauding an innkeeper is a misdemeanor unless the value of service is over $950 (then it is a felony)

Designated Facilities memorize these

• Hotel / motel

• Bungalow court

• Inn 

• Restaurant

• Boarding house, lodging house, 

• Marina / marine facility

• Apartment house

• Auto camp

• Public or private campground

Gas stations are not designated facilities

Forgery

470 PC

  Signing the name of another or of a fictitious person, without authority or otherwise altering a document with the intent to defraud.

• The intent to defraud, 

• Make, utter, publish, pass or attempt to pass,

• An altered forged or counterfeit document or seal or 

• Signs an unauthorized or fictitious name 

• Misdemeanor if the crime does not exceed $950

Possession of Burglary tools

466 PC

- The crime of possession of burglary tools involves, possessing, making, or repairing almost any kind of instrument or tool with the intent to use the tool to break or enter into a specified structure to commit any misdemeanor or felony.

• The possession of certain tools

• Knowingly, making, altering or attempting to make a key or other instrument to fit or open the lock of a building without legal request

• With the intent to break or enter into any specified structure

• For the purpose of committing any misdemeanor or felony

• misdemeanor

Posessing or receiving person property with altered serial numbers or identification marks

  537(E)PC

• Any person who knowingly, buys, sells, receives, disposes of, conceals, or has in possession

• Any person property

• From which the manufacturer’s serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered or destroyed

Burlary

459 PC

  Entering a designated building or structure with the intent to commit theft or any felony

• The entry to a building or specified structure

• With the intent to commit

• Theft or any felony 

• Felony ALWAYS!!!!!!!!!!!

1st degree vs. 2nd degree

1st degree - inhabited dwelling, house, vessel, floating home, or trailer coach or the inhabited portion of any other building

2nd degree - anything else, convenience store, auto burglaries

Vehicle theft

10851 PC

  Occurs when a person drives or takes a vehicle of another person without the consent of the owner thereof, with the intent to either permanently or temporarily deprive the owner of title or possession of such vehicle. 

• The driving or taking of

• A vehicle not the person’s own

• Without consent

• With the intent to temporarily or permanently deprive the owner

• Of title or possession of such vehicle 

• Felony 

Know the difference between the 10851 CVC and the 487(d)(1)pc 

10851 CVC - permanently and depriving someone from the vehicle 

Shoplifting

459.5PC

  Entering a commercial establishment with the intent to commit larceny while that establishment is open during regular business hours, where the value of property that is taken or intended to be taken does not exceed $950

• The entry to a commercial establishment 

• With the intent to commit larceny

• Driving regular business hours

• The value of the property to be taken or intended to be does not exceed $950

• Misdemeanor 

Receiving stolen property

496 a PC

  Receiving, buying, selling, concealing, withholding any property knowing that it has been stolen or obtained by extortion.

• Every person who knowingly

• Buys, receives, conceals, sells, withholds, or 

• Aids in concealing, selling or withholding

• Any property obtained by theft or extortion

• Misdemeanor if the value does not exceed $950

* if the person in possession of the stolen property is the thief, the correct charge is theft

Theft

484 PC

- The crime of theft is the taking and carrying away personal property of another without the consent of the oweer with the intent to permanently deprive the owner. 

• The taking

• And carrying away of 

• Personal property of another

• Without consent 

• With intent to permanently deprive the owner

Not all thefts require “intent to permanently deprive” to violate the section ie: embezzlement and vehicle theft