2 California Criminal Law (3d), Crimes Against Property

 

I. THEFT

A. In General.

1. [§1] Statutory Consolidation of Offenses.

2. [§2] Procedural Distinctions Abolished.

3. [§3] Substantive Distinctions Remain.

B. Grand and Petty Theft.

1. Grand Theft.

(a) [§4] In General: Value of Property.

(b) [§5] Taking From the Person.

(c) [§6] Specified Kinds of Property.

2. [§7] Petty Theft.

3. Determining Value.

(a) [§8] In General.

(b) [§9] No Offset Allowed.

(c) [§10] Instrument or Services.

4. Single and Multiple Offenses.

(a) [§11] Nature of Problem and Test.

(b) [§12] Illustrations.

5. [§12A7] (New) Related Offenses.

C. Larceny.

1. Taking Without Consent.

(a) [§13] Trespassory Taking.

(b) [§14] Larceny by Trick.

2. [§15] Carrying Away.

3. [§16] Personal Property.

4. Victim's Ownership or Possession.

(a) Possession of Owner.

(1) [§17] In General.

(2) [§18] Partners and Coowners.

(3) [§19] Lost Property.

(b) [§20] Possession of Interest of Others.

(c) [§21] Illegal Property.

5. Intent To Steal.

(a) [§22] Necessity of Intent.

(b) [§23] Requisites and Proof.

(c) [§24] Mistake and Claim of Right.

(d) [§25] Spurious Defenses.

D. Embezzlement.

1. [§26] Nature of Crime.

2. [§27] Subjects of Embezzlement.

3. Elements of Embezzlement.

(a) Relationship of Trust and Confidence.

(1) [§28] Nature of Requirement.

(2) [§29] Illustrations.

(b) Appropriation With Fraudulent Intent.

(1) [§30] Nature of Requirement.

(2) [§31] Proof of Intent.

4. Defenses.

(a) Claim of Title.

(1) [§32] Nature and Scope of Defense.

(2) [§33] Partners or Other Coowners.

(3) [§34] Limitations on Defense.

(b) [§35] Claim of Authority.

(c) [§36] Spurious Defenses.

5. [§37] Embezzlement by Public Officer or Employee.

E. Misappropriation of Public Funds.

1. [§38] Statutory Provisions.

2. [§39] Embezzlement Distinguished.

F. Diversion of Construction Funds.

1. [§40] Nature of Offense.

2. [§41] Diversion of Funds and Harm.

G. False Pretenses.

1. [§42] Nature of Crime.

2. [§43] Subjects of False Pretenses.

3. [§44] Necessity of Writing or Corroboration.

4. Elements of False Pretenses.

(a) [§45] In General.

(b) [§46] Intent To Defraud.

(c) False Representation.

(1) Misrepresentation of Fact.

(aa) [§47] In General.

(bb) [§48] Illustrations.

(2) [§49] Misrepresentation of Opinion.

(3) Misrepresentation of Intention.

(aa) [§50] Future Events or Conduct.

(bb) [§51] Former Rule: False Promise Not Basis for Conviction.

(cc) [§52] Current Rule: False Promise as Basis for Conviction.

(d) Reliance on Representation (Causation).

(1) [§53] Necessity of Actual Reliance.

(2) [§54] Imputed Knowledge of Agent or Officer.

(3) [§55] Indirect Causation.

(4) [§56] Interval Between Representation and Effect.

(5) [§57] Gullible Victim.

(e) Victim Defrauded.

(1) [§58] In General.

(2) [§59] Defendant Not Benefited.

(3) [§60] Title Retained by Victim.

(4) [§61] Value Received by Victim.

(5) [§62] Property Recovered by Victim.

(6) [§63] Illegality or Victim's Fraud.

5. Larceny Distinguished.

(a) [§64] Intention To Part With Title.

(b) [§65] Illustrations.

H. Unlawful Taking of Vehicle.

1. [§66] Nature of Crime and Distinctions.

2. [§67] What Constitutes Driving or Taking Vehicle.

3. [§68] Lack of Consent by Owner.

4. [§69] Specific Intent.

5. [§70] Relationship to Receiving Stolen Property.

6. [§71] Related Offenses.

 

II. RECEIVING STOLEN PROPERTY

A. [§72] Nature of Crime.

B. [§73] California Statute Constitutional.

C. Elements of Offense.

1. [§74] Property Stolen or Extorted.

2. Receiving, Concealing, Selling, or Withholding.

(a) [§75] Receiving.

(b) [§76] Concealing, Selling, or Withholding.

(c) Original Crime Distinct.

(1) [§77] Basic Principle.

(2) [§78] Dual Conviction.

(3) [§79] Thief as Accomplice of Receiver.

(4) [§80] Concealing and Withholding After Theft.

3. Knowledge.

(a) [§81] Nature of Requirement.

(b) [§82] Proof by Circumstantial Evidence.

(c) [§83] Distinction for Insubstantial Evidence.

(d) [§84] Swap Meet Vendors and Collectors.

(e) [§85] Junk and Book Dealers.

 

III. ROBBERY

A. [§86] Nature of Crime.

B. Degrees of Robbery.

1. [§87] Former Law.

2. [§88] Revised Law.

C. [§89] Punishment.

D. Elements of Robbery.

1. Taking.

(a) [§90] From Person or Presence.

(b) [§91] Immediate Presence.

(c) [§92] Possession of Another.

(d) [§93] Asportation.

2. Force or Fear.

(a) [§94] In General.

(b) [§95] Escape With Loot.

(c) [§96] Force.

(d) [§97] Fear.

3. Intent To Steal.

(a) [§98] In General.

(b) [§99] Money Lost in Gambling.

(c) [§100] Collection of Debt.

 

IV. CARJACKING

A. [§101] Nature of Crime.

B. [§102] Robbery Distinguished.

 

V. EXTORTION

A. [§103] Nature of Crime.

B. [§104] Elements of Extortion.

C. Threats Inducing Fear.

1. [§105] To Injure Person or Property.

2. [§106] To Accuse of Crime.

3. [§107] To Defame or Expose.

D. [§108] Causation.

E. Special Forms of Crime or Attempt.

1. [§109] Sending Threatening Letter.

2. [§110] Obtaining Signature by Threat.

3. [§111] Other Offenses.

 

VI. BURGLARY

A. [§112] Nature of Crime.

B. Degrees of Burglary.

1. First Degree.

(a) [§113] In General.

(b) [§114] Inhabited Dwelling.

2. [§115] Second Degree.

3. [§116] Burglary With Torch or Explosives.

C. Elements of Burglary.

1. Places Subject to Burglary.

(a) [§117] Structures.

(b) [§118] Locked Vehicles.

(c) [§119] Other Vehicles, Vessels, and Aircraft.

2. Entry.

(a) Nature of Requirement.

(1) [§120] Method of Entry.

(2) [§121] Entry To Commit Crime in Another Place.

(3) [§122] Multiple Entries.

(b) Consent.

(1) [§123] Trespassory Entry Not Necessary.

(2) [§124] Consent by One Possessor for Purpose of Injuring Another Possessor.

(3) [§125] As Defense.

(4) [§126] Entry of Public During Business Hours.

3. Intent To Commit Theft or Felony.

(a) [§127] Intent of Perpetrator at Time of Entry.

(b) [§128] Intent of Aider and Abettor During Burglary.

(c) [§129] Intent To Commit Theft.

(d) [§130] Intent To Commit Felony.

(e) Circumstantial Evidence To Prove Intent.

(1) [§131] In General.

(2) [§132] Acts Before Entry.

(3) [§133] Method of Entry.

(4) [§134] Conduct on Premises and After Leaving.

D. [§135] Proof of Possession of Stolen Property.

 

VII. LOOTING

A. [§136] Nature of Crime.

B. [§137] Punishment.

 

VIII. BURGLARIOUS AND LARCENOUS INSTRUMENTS

A. [§138] Burglary Tools.

B. [§139] Motor Vehicle Master Keys and Alarm Devices.

 

IX. ISSUING CHECK TO DEFRAUD

A. [§140] Nature of Crime and Punishment.

B. [§141] False Pretenses Distinguished.

C. Elements of Crime.

1. [§142] Drawing or Delivering Check.

2. [§143] Insufficient Funds or Credit.

3. [§144] Knowledge.

4. Intent To Defraud.

(a) [§145] In General.

(b) [§146] Disclosure and Promise To Deposit Funds.

(c) [§147] Expectation of Funds.

 

X. FORGERY AND RELATED CRIMES

A. In General.

1. [§148] Basic Crime.

2. Related Crimes.

(a) [§149] False Pretenses.

(b) [§150] Fictitious Check or Note.

(c) [§151] Crimes Involving Forged Instruments.

3. Special Types of Forgery.

(a) [§152] Trademarks.

(b) [§153] Communications and Transportation.

(c) [§154] Motor Vehicle Items.

(d) [§155] Miscellaneous.

B. Forgery.

1. Writing or Other Subject.

(a) [§156] In General.

(b) [§157] Listed Writings: Illustrations.

(c) [§158] Unlisted Writings.

(d) [§159] Capacity of Writing To Injure.

2. False Making or Alteration.

(a) False Signature.

(1) [§160] In General.

(2) [§161] Lack of Authority To Sign.

(3) [§162] Proof.

(4) [§163] Fictitious Name.

(b) Genuine Signature: Fraud in Inception.

(1) [§164] Fraud in Inception as Forgery.

(2) [§165] Distinction: Signature Fraudulently Used.

(c) [§166] Alteration.

3. Intent To Defraud.

(a) [§167] Requirement and Proof.

(b) [§168] Distinctions and Spurious Defenses.

C. Uttering False Instrument.

1. [§169] In General.

2. [§170] Attempt To Pass.

D. Offering Instrument for Record.

1. [§171] Nature of Crime.

2. [§172] What Are Instruments.

E. [§173] Possession.

F. [§174] Counterfeiting.

G. [§175] Altering Public Records.

H. [§176] False Citizenship or Residency Documents.

 

XI. FALSE PERSONATION, CHEATS, AND BUSINESS FRAUDS

A. [§177] In General.

B. Obtaining Money, Property, Credit, or Service.

1. [§178] Defrauding Hotel or Innkeeper.

2. [§179] Defrauding Service Company.

3. Offenses Involving Telecommunication Services.

(a) [§180] In General.

(b) [§181] Specific Means of Avoiding Charges.

(c) [§182] Use of Specific Equipment To Avoid Charges.

(d) [§183] Use of Credit Card Code.

(e) [§184] Fraud Involving Telecommunications Device.

4. Insurance Fraud.

(a) [§185] Fraudulent Claims.

(b) [§186] Health Care Benefits.

(c) [§187] Fraudulent Statements.

(d) [§188] Destruction of Insured Property.

(e) [§189] Procuring, Accepting, or Referring Business.

5. Frauds Involving Credit and Other Access Cards.

(a) [§190] In General.

(b) [§191] Theft.

(c) [§192] Forgery, Alteration, or Counterfeiting.

(d) [§193] Use of Card To Obtain Items of Value.

(e) [§194] Offenses of Retailer.

(f) [§195] Publication of Card Number or Code.

(g) [§195A] (New) Possession or Use of Scanning and Reencoding Devices.

6. [§196] Fraudulent Charitable Solicitation.

7. [§197] Wrongful Acquisition of Trade Secret.

8. [§198] Interception of Subscription Television Transmission.

9. [§199] Theft of Advertising Services.

C. [§200] Fraudulent Property Transactions.

D. [§201] Vendor's Excessive Encumbrance or Misappropriation.

E. [§202] Frauds Involving Commercial Bailments.

F. [§203] Fraudulent Rebate to Contractor.

G. Impersonation.

1. [§204] General Statute.

2. [§205] Marriage and Birth of Child.

3. [§206] Notary Public.

4. [§207] Public Officer.

5. [§208] Military, Veterans, and Societies.

6. [§209] Other Impersonation Statutes.

7. [§209A] (New) Personal Information Trafficking.

H. [§210] False Labeling or Designation of Goods.

I. [§211] Concealment of Personal Identity.

J. False Advertising.

1. [§212] Methods of Control.

2. [§213] General Provisions.

3. [§214] Business and Professional License and Employment.

4. [§215] Real Estate, Environment, and Energy.

5. [§216] Contests and Prizes.

6. [§217] Telemarketing and Electronic Ordering of Goods.

7. [§218] Automobile and Automobile Products.

8. [§219] Miscellaneous Topics.

K. False Weights and Measures.

1. [§220] General Provisions.

2. [§221] Weighing and Measuring Devices.

3. [§222] Packaging and Labeling.

L. [§223] Misuse of Odometer.

M. Record Piracy.

1. [§224] Unauthorized Transfer of Sound Recordings.

2. [§225] Unauthorized Recording of Live Performance.

3. [§226] Unlawful Sale or Transport of Recording of Live Performance.

4. [§227] Failure To Disclose Origin of Sound Recording.

M-1. [§227A] (New) Electronic Dissemination of Commercial Work.

N. Computer Crimes.

1. [§228] Statutory Scheme.

2. [§229] Offenses and Exceptions.

3. [§230] Punishment and Forfeiture.

O. [§231] Misuse of Degree or Diploma.

P. [§232] Deceptive Identification Documents.

Q. [§233] Improper Commercial Activities.

R. [§234] Rent Skimming.

S. [§235] Miscellaneous Frauds.

 

XII. ARSON AND RELATED CRIMES

A. [§236] Nature of Crimes.

B. Statutory Coverage.

1. [§237] Definitions.

2. [§238] Offenses.

3. [§239] Punishment.

C. Elements.

1. [§240] Burning.

2. [§241] Incendiary Origin.

3. [§242] Mental State.

 

XIII. MALICIOUS MISCHIEF

A. [§243] Nature of Crimes.

B. Vandalism.

1. [§244] In General.

2. [§245] Punishment.

C. [§246] Graffiti.

D. Trespass and Injury to Property.

1. [§247] In General.

2. Entry Without Destruction or Taking.

(a) [§248] The Trespass Statute.

(b) [§249] Public Property Offenses.

(c) [§250] Posted Industrial Property.

(d) [§251] Railroad and Rail Transit Property.

(e) [§252] Miscellaneous Statutes.

(f) [§253] Labor Activity Exception.

3. Injury, Destruction, or Taking.

(a) [§254] Statutory Coverage.

(b) [§255] Vehicles, Aircraft, Vessels, Highways, Bridges, etc.

(c) Public Utilities.

(1) [§256] Railroad Property and Equipment.

(2) [§257] Public Transportation System Vehicles or Facilities.

(3) [§258] Electrical and Telecommunication Lines.

(4) [§259] Miscellaneous.

(d) [§260] Unauthorized Cable System Devices and Connections.

(e) [§261] Other Property.

E. Offenses Involving Vehicles.

1. [§262] Tampering or Injuring.

2. [§263] Motor Vehicle Chop Shops.

F. Crimes Against Animals.

1. [§264] In General.

2. [§265] Poisoning, Killing, Torture, etc.

3. [§266] Neglect.

4. [§267] Fighting.

5. [§268] Commercial Use of Rabbits, Chicks, or Other Fowl.

6. [§269] Endangered Species.

7. [§270] Miscellaneous.