Crime Against Property Flashcards
488 PC
Petty theft - anything that isn’t grand theft is petty
666 PC
Petty theft with a prior
Or at least on days time in jail
Classification of wobbler but charged as felony , decided by district attorney
10851 VC
Person took the vehicle with the Intent to temporarily or permanently deprive the owner / possessor of the vehicle - taking/driving - does not belong to the person - without consent Intent to deprive the owner
499b PC
Other theft :
Temporally taking a bicycle , vessel or motorboat without the permission of the owner (misdemeanor)
10855 VC
Failing to return
Intentionally failing to return a rented or leased vehicle working a period of five days of expiration of the agreement
(Felony)
537 PC
Theft - defrauding an Innkeeper Person who obtains services, food,fuel or accommodations , designated facilities without paying for items or service, with the intent to defraud the business proprietor , or manager guilty of public offense . Value is 950$ or less misdemeanor Above 950$ felony Ski lift - infraction
459 PC
Burglary- any person who enters a designated building or structure with then intent to commit a theft or felony
- entry
- intent
- commit felony or theft
1st degree burglary
E
487 PC
Grand theft- a felony - property exceeds $950 -an automobile - a firearm - +250$ of agriculture/ aquacultural - theft by employees , agents or servants of + 950$ over consecutive 12 month period -property taken from another -
466 PC
Burglary of tools
someone knowingly owns tools that could help in a burglary, and they bought or acquired these tools for this very purpose.
Elements
That the defendant deliberately held tools for burglary
That the defendant’s purpose for owning these tools was to carry out a burglary
Misdemeanor
451 PC
Arson
maliciously setting a fire is a serious felony
The defendant set fire to or burned (or helped someone burn) a structure, forest land or other property AND
He or she acted willfully and maliciously
452 PC
Arson
recklessly starting a fire that causes damage and/or injury is a “wobbler” that can also lead to felony charges.
594 PC
Vandalism
The defendant maliciously
defaced property with graffiti or inscribed material
damaged
or destroyed property
AND The defendant did not own the property or have the owner’s consent
The amount of the damage was either
(a) $400 or less in a misdemeanor prosecution; or
(b) $400 or more in a felony prosecution.
602 PC
Trespassing
The defendant willfully entered or remained on the property of another
The defendant did this with the specific intent of interfering with the other person’s property rights
AND the defendant actually interfered with these rights
602.5
- 5(a) – every person other than a police officer or employee acting within the scope of their duties who remains in a residence without the consent of the owner, owner’s agent, on person in lawful possession.
- 5(b) – every person who violates while a resident is present is guilty of aggravated trespass.
1) The defendant willfully entered or remained in a noncommercial dwelling house, apartment or other residential place belonging to someone else; and
2) The defendant entered or remained without the consent of the owner, owner’s agent or person in lawful possession of the property.