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.
496 PC
Receiving stolen property
The defendant bought, received, sold or aided in selling, concealed or withheld property that has been stolen from another
AND when the defendant did this, he or she knew that the property had been stolen.
Misdemeanor
470 PC
Forgery
- By signing someone else’s name without the other person’s consent
- By counterfeiting or forging another person’s handwriting or seal on a document (California Penal Code Section 470(b) PC)
- By altering, corrupting or falsifying legal documents (wills, property conveyances, court records or any other legal writing that can be used as evidence in a court of law) (California Penal Code Section 470(c) PC)
The defendant committed one of the forgery acts listed above AND
He or she acted with the specific intent to defraud someone else or an institution
2nd degree burglary
Anything that is not first degree
484 PC
Petty theft
The value of the property stolen is $950 or less.
The property was not taken directly off another person (such as a robbery or mugging offense)
The item stolen was not a gun or an automobile.
The defendant took possession of property owned by someone else
The defendant took the property without the consent of the owner
When the defendant took the property, he or she intended to remove it from the owner’s possession
The defendant moved the property, even a small distance, and kept it for any period of time, however brief
The value of the property was $950 or less.
