LD 6 Property Crimes

theft

taking and carrying away personal property of another without the consent of the owner with the intent to permanently deprive the owner

Penal Code 484

Theft

Elements of Theft

The taking and carrying away of personal property of another without consent with intent to permanently deprive the owner.

Property

can include money, labor, animals, crops or real or personal items

Real property

means land and immovable property, affixed to or growing from that land. It may be otherwise referred to as real estate

Personal Property

includes any movable object(s) owned by an individual; all property other than real estate

Control

is the ability to exercise a restraining or directing influence over something

Penal Code 487

Grand theft

Grand theft 487(a)

Property value exceeding $950 - felony

Grand theft 487(b)(1)(A)

Agricultural products exceeding $250 (e.g., domestic fowl, fruit, nuts, vegetables, etc.) - felony

Grand theft 487(b)(2)

Aquacutural products exceeding $250 (e.g., fish, algae, etc.) - felony

Grand theft 487(b)(3)

Property taken over a 12 consecutive month period totaling $950 or more and taken by a servant, agent or employee of the owner - felony

Grand theft 487(c)

Property taken from the person of another - felony

Grand theft 487a(a)

Certain designated livestock (e.g., horses, cattle, sheep, etc.) - felony: greater than $950; misdemeanor $950 or less

Grand theft 487(d)(1)

motor vehicles felony: greater than $950; misdemeanor: $950 or less

Grand theft 487(d)(2)

Firearms- felony

Petty theft Penal Code 488

All other thefts not categorized as grand theft: misdemeanor

Petty theft Penal Code 666

Petty theft with prior theft-related conviction and jail time: misdemeanor

Elements of Vehicle Theft

the driving or taking of a vehicle not the person's own without consent with intent to temporarily or permanently deprive the owner of title or possession of such vehicle

Vehicle Theft

Vehicle Code Section 10851 - Felony

vehicle

a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks

Penal Code 148.5

False report of a criminal offense

Vehicle Identification Number (VIN)

Generally a 17 digit number that is unique to a vehicle and may be used to confirm specific ownership

ELEMENTS OF DEFRAUDING AN INNKEEPER

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

Penal Code 537

Defrauding an innkeeper

Burglary

entering any designated building or structure with the intent to commit theft or any other felony

Penal Code 459

burglary

Elements of burglary

The entry to a building or a specified structure with the intent to commit theft or any felony.

Specified structures

For the purposes of burglary, includes house, room, shop, tent, railroad car, inhabited camper, aircraft, mine, warehouse, etc.

Elements of Shoplifiting

the entry to a commercial establishment with the intent to commit larceny during regular business hours where the value of the property to be taken or intended to be does not exceed $950

Penal Code 459.5

shoplifting

Penal Code 466

Possession of burglary tools

Elements of possession of burglary tools

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

Penal Code 537e

Possessing or receiving personal property with altered serial numbers or identification marks

Elements of possessing or receiving personal property with altered serial numbers or identification marks

any person who knowingly buys, sells, receives, disposes of, conceals, or has in possession, any personal property, from which the manufacturer's serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered or destroyed

Penal Code 496(a)

Receiving stolen property

Elements of receiving stolen property

every person who knowingly buys, receives, conceals, sells, withholds, or aids in concealing, selling or withholding, any property obtained by theft or extortion

Penal Code 470

forgery

Elements of Forgery

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.

Penal Code 530.5

identity theft - felony

Penal Code 472

Forgery of state, corporate or official seals

Elements of Arson

willfully and maliciously sets fire to or burns or causes to be burned or aids, counsels, or procures the burning of any structure, forestland, or property

Penal Code 451

Arson

Elements of unlawfully causing a fire

any person who recklessly sets fire to or burns or causes to be burned, any structure, forestland, or property

Penal Code 452

unlawfully causing a fire

Structure

any building, commercial, or public tent, bridge, tunnel, or power plant

Forestland

Any brush covered land, cut over land, forest, grasslands, or woods

Maliciously

A wish to vex, defraud, annoy, or injure another person or an intent to do a wrongful act, established either by proof or presumption of law

Recklessly

A reasonable person is aware of and consciously disregards a substantial and unjustifiable risk that his or her act will set fire to, burn, or cause to burn a structure, forest, or property

Elements of possession of flammable or combustible material

possession or manufacture or disposal of a flammable or combustible material substance, or any incendiary device in an arrangement or preparation with intent to willfully and maliciously use such material, substance, or device, to set fire to or burn any structure, forestland, or property

dispose of

To give, give away, loan, offer, offer for sale, sell, or transfer

incendiary device

a device that is constructed or designed to start an incendiary fire by remote, delay, or instant means.

incendiary fire

A fire started by an incendiary device by remote, delayed, or instant means

Penal Code 602.5

Unauthorized entry of property

Elements of unauthorized entry of property

any person, other than a public officer or employee acting within the course and scope of employment who enters or remains in a noncommercial dwelling house, apartment, other such place without consent of the owner, owner's agent, or person in lawful possession - misdemeanor

Penal Code 602(m)

Trespass (entering and occupying real property)

Elements of Trespass (entering and occupying real property)

any person who enters and occupies real property or structures of any kind without consent of the owner, the owner's agent, or the person in lawful possession - misdemeanor

Occupation

when a person exercises physical control over land where the land is possessed and enjoyed

Penal Code 602(k)

Trespass (entering land)

Elements of Trespass (entering land)

any person who enters any land, whether unenclosed or enclosed by fence for the purpose of injuring any property or property rights or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of the land, the owner's agent, or by the person in lawful possession

Penal Code 594

vandalism

Elements of Vandalism

malicious intent to deface with graffiti or other inscribed material or damage or destroy personal or real property not their own

Repossession

occurs when the seller, a full time employee of the seller, or a licensed repossessor, recovers or takes back with complete control, goods that were sold under a conditional sales contract when the buyer fails to pay for them.

repossessor

The seller, or a full time employee of the seller, who physically attempts to retrieve the goods

buyer

The person who signs a conditional sales contract to purchase goods over a period of time

seller

The person who retains the title for the goods being purchased over time until all the conditions of the sales contract have been met

bailee

A person having the storage, care, safekeeping, custody, or possession of any vehicle subject to registration

Control

ability of the possessor to exercise a restraining or directing influence over an item

Penal Code 419

Repossession of land after legal eviction

Credit/plastic cards

most commonly used to slip open the angled bolt of a lock, causing a locked door to open

Crowbar

made out of steel, a crowbar is used to pry open locked doors and drawers

keys

filed down keys, or key bits, can operate as a form of master key and are used to open locks or start car ignitions

nail set

hand tool with a fine point which can be inserted into keyholes to trigger the lock to open: it simulates the action of a key

paper clips

aluminum paper clips can be used to pick locks, especially older, worn out locks

slip joint pliers

in strong hands, can be used to yank out lock cylinders from building or automobile doors, can also yank out ignition mechanism from cars

screwdriver

screwdriver rammed into door lock or automobile ignition can force open the lock or start up a car

slide hammer

car repair tool used to pull dents out of metal body parts, slide hammer can be used to rip out door locks, ignition circuits nad car stereos