|
|
Los Angeles county bail
bonds bail bondsman for cash bail, credit bail bond for Los Angeles
county jail - free bail
consultation
Licensed
bail bond agents can provide you with free bail information and fast 24
hours confidential bail assistance.
Immediate
bail bonds service in entire Los Angeles County county jail and entire
State of California.
1-800-957-2245
free 24-hour bail line
We accept
Visa, Master Card, American Express, Discover, Personal Checks, Money
Orders, Cash, Cashier's Check.
Member of CBAA, OCBAA, & PBUS
Larceny Bail Bonds
California Penal Codes Defined:
484. (a) Every person who shall
feloniously steal, take, carry, lead, or drive away the personal
property of another, or who shall fraudulently appropriate property
which has been entrusted to him or her, or who shall knowingly and
designedly, by any false or fraudulent representation or pretense,
defraud any other person of money, labor or real or personal property,
or who causes or procures others to report falsely of his or her wealth
or mercantile character and by thus imposing upon any person, obtains
credit and thereby fraudulently gets or obtains possession of money, or
property or obtains the labor or service of another, is guilty of theft.
In determining the value of the property obtained, for the purposes of
this section, the reasonable and fair market value shall be the test,
and in determining the value of services received the contract price
shall be the test. If there be no contract price, the reasonable and
going wage for the service rendered shall govern. For the purposes of
this section, any false or fraudulent representation or pretense made
shall be treated as continuing, so as to cover any money, property or
service received as a result thereof, and the complaint, information or
indictment may charge that the crime was committed on any date during
the particular period in question. The hiring of any additional employee
or employees without advising each of them of every labor claim due and
unpaid and every judgment that the employer has been unable to meet
shall be prima facie evidence of intent to defraud.
(b) (1) Except as provided in Section 10855 of the Vehicle Code, where a
person has leased or rented the personal property of another person
pursuant to a written contract, and that property has a value greater
than one thousand dollars ($1,000) and is not a commonly used household
item, intent to commit theft by fraud shall be rebuttably presumed if
the person fails to return the personal property to its owner within 10
days after the owner has made written demand by certified or registered
mail following the expiration of the lease or rental agreement for
return of the property so leased or rented.
(2) Except as provided in Section 10855 of the Vehicle Code, where a
person has leased or rented the personal property of another person
pursuant to a written contract, and where the property has a value no
greater than one thousand dollars ($1,000), or where the property is a
commonly used household item, intent to commit theft by fraud shall be
rebuttably presumed if the person fails to return the personal property
to its owner within 20 days after the owner has made written demand by
certified or registered mail following the expiration of the lease or
rental agreement for return of the property so leased or rented.
(c) Notwithstanding the provisions of subdivision (b), if one presents
with criminal intent identification which bears a false or fictitious
name or address for the purpose of obtaining the lease or rental of the
personal property of another, the presumption created herein shall apply
upon the failure of the lessee to return the rental property at the
expiration of the lease or rental agreement, and no written demand for
the return of the leased or rented property shall be required.
(d) The presumptions created by subdivisions (b) and (c) are
presumptions affecting the burden of producing evidence.
(e) Within 30 days after the lease or rental agreement has expired, the
owner shall make written demand for return of the property so leased or
rented. Notice addressed and mailed to the lessee or renter at the
address given at the time of the making of the lease or rental agreement
and to any other known address shall constitute proper demand. Where the
owner fails to make such written demand the presumption created by
subdivision (b) shall not apply.
484.1. (a) Any person who knowingly gives false information or
provides false verification as to the person's true identity or as to
the person's ownership interest in property or the person's authority to
sell property in order to receive money or other valuable consideration
from a pawnbroker or secondhand dealer and who receives money or other
valuable consideration from the pawnbroker or secondhand dealer is
guilty of theft.
(b) Upon conviction of the offense described in subdivision (a), the
court may require, in addition to any sentence or fine imposed, that the
defendant make restitution to the pawnbroker or secondhand dealer in an
amount not exceeding the actual losses sustained pursuant to the
provisions of subdivision (c) of Section 13967 of the Government Code,
as operative on or before September 28, 1994, if the defendant is denied
probation, or Section 1203.04, as operative on or before August 2, 1995,
if the defendant is granted probation or Section 1202.4.
(c) Upon the setting of a court hearing date for sentencing of any
person convicted under this section, the probation officer, if one is
assigned, shall notify the pawnbroker or secondhand dealer or coin
dealer of the time and place of the hearing.
484b. Any person who receives money for the purpose of obtaining
or paying for services, labor, materials or equipment and willfully
fails to apply such money for such purpose by either willfully failing
to complete the improvements for which funds were provided or willfully
failing to pay for services, labor, materials or equipment provided
incident to such construction, and wrongfully diverts the funds to a use
other than that for which the funds were received, shall be guilty of a
public offense and shall be punishable by a fine not exceeding ten
thousand dollars ($10,000), or by imprisonment in the state prison, or
in the county jail not exceeding one year, or by both such fine and such
imprisonment if the amount diverted is in excess of one thousand dollars
($1,000). If the amount diverted is less than one thousand dollars
($1,000), the person shall be guilty of a misdemeanor.
484c. Any person who submits a false voucher to obtain
construction loan funds and does not use the funds for the purpose for
which the claim was submitted is guilty of embezzlement.
484d. As used in this section and Sections 484e to 484j,
inclusive:
(1) "Cardholder" means any person to whom an access card is issued or
any person who has agreed with the card issuer to pay obligations
arising from the issuance of an access card to another person.
(2) "Access card" means any card, plate, code, account number, or other
means of account access that can be used, alone or in conjunction with
another access card, to obtain money, goods, services, or any other
thing of value, or that can be used to initiate a transfer of funds,
other than a transfer originated solely by a paper instrument.
(3) "Expired access card" means an access card which shows on its face
it has elapsed.
(4) "Card issuer" means any person who issues an access card or the
agent of that person with respect to that card.
(5) "Retailer" means every person who is authorized by an issuer to
furnish money, goods, services, or anything else of value upon
presentation of an access card by a cardholder.
(6) An access card is "incomplete" if part of the matter other than the
signature of the cardholder which an issuer requires to appear on the
access card before it can be used by a cardholder has not been stamped,
embossed, imprinted, or written on it.
(7) "Revoked access card" means an access card which is no longer
authorized for use by the issuer, that authorization having been
suspended or terminated and written notice thereof having been given to
the cardholder.
(8) "Counterfeit access card" means any access card that is counterfeit,
fictitious, altered, or forged, or any false representation or depiction
of an access card or a component thereof.
(9) "Traffic" means to transfer or otherwise dispose of property to
another, or to obtain control of property with intent to transfer or
dispose of it to another.
(10) "Card making equipment" means any equipment, machine, plate,
mechanism, impression, or other device designed, used, or intended to be
used to produce an access card.
484e. (a) Every person who, with intent to defraud, sells,
transfers, or conveys, an access card, without the cardholder's or
issuer's consent, is guilty of grand theft.
(b) Every person, other than the issuer, who within any consecutive
12-month period, acquires access cards issued in the names of four or
more persons which he or she has reason to know were taken or retained
under circumstances which constitute a violation of subdivision (a),
(c), or (d) is guilty of grand theft.
(c) Every person who, with the intent to defraud, acquires or retains
possession of an access card without the cardholder's or issuer's
consent, with intent to use, sell, or transfer it to a person other than
the cardholder or issuer is guilty of petty theft.
(d) Every person who acquires or retains possession of access card
account information with respect to an access card validly issued to
another person, without the cardholder's or issuer's consent, with the
intent to use it fraudulently, is guilty of grand theft.
484f. (a) Every person who, with the intent to defraud, designs,
makes, alters, or embosses a counterfeit access card or utters or
otherwise attempts to use a counterfeit access card is guilty of
forgery.
(b) A person other than the cardholder or a person authorized by him or
her who, with the intent to defraud, signs the name of another or of a
fictitious person to an access card, sales slip, sales draft, or
instrument for the payment of money which evidences an access card
transaction, is guilty of forgery.
484g. Every person who, with the intent to defraud, (a) uses, for
the purpose of obtaining money, goods, services, or anything else of
value, an access card or access card account information that has been
altered, obtained, or retained in violation of Section 484e or 484f, or
an access card which he or she knows is forged, expired, or revoked, or
(b) obtains money, goods, services, or anything else of value by
representing without the consent of the cardholder that he or she is the
holder of an access card and the card has not in fact been issued, is
guilty of theft. If the value of all money, goods, services, and other
things of value obtained in violation of this section exceeds four
hundred dollars ($400) in any consecutive six-month period, then the
same shall constitute grand theft.
484h. Every retailer or other person who, with intent to defraud:
(a) Furnishes money, goods, services or anything else of value upon
presentation of an access card obtained or retained in violation of
Section 484e or an access card which he or she knows is a counterfeit
access card or is forged, expired, or revoked, and who receives any
payment therefor, is guilty of theft. If the payment received by the
retailer or other person for all money, goods, services, and other
things of value furnished in violation of this section exceeds four
hundred dollars ($400) in any consecutive six-month period, then the
same shall constitute grand theft.
(b) Presents for payment a sales slip or other evidence of an access
card transaction, and receives payment therefor, without furnishing in
the transaction money, goods, services, or anything else of value that
is equal in value to the amount of the sales slip or other evidence of
an access card transaction, is guilty of theft. If the difference
between the value of all money, goods, services, and anything else of
value actually furnished and the payment or payments received by the
retailer or other person therefor upon presentation of a sales slip or
other evidence of an access card transaction exceeds four hundred
dollars ($400) in any consecutive six-month period, then the same shall
constitute grand theft.
484i. (a) Every person who possesses an incomplete access card,
with intent to complete it without the consent of the issuer, is guilty
of a misdemeanor.
(b) Every person who, with the intent to defraud, makes, alters, varies,
changes, or modifies access card account information on any part of an
access card, including information encoded in a magnetic stripe or other
medium on the access card not directly readable by the human eye, or who
authorizes or consents to alteration, variance, change, or modification
of access card account information by another, in a manner that causes
transactions initiated by that access card to be charged or billed to a
person other than the cardholder to whom the access card was issued, is
guilty of forgery.
(c) Every person who designs, makes, possesses, or traffics in card
making equipment or incomplete access cards with the intent that the
equipment or cards be used to make counterfeit access cards, is
punishable by imprisonment in a county jail for not more than one year,
or by imprisonment in the state prison.
484j. Any person who publishes the number or code of an existing,
canceled, revoked, expired or nonexistent access card, personal
identification number, computer password, access code, debit card
number, bank account number, or the numbering or coding which is
employed in the issuance of access cards, with the intent that it be
used or with knowledge or reason to believe that it will be used to
avoid the payment of any lawful charge, or with intent to defraud or aid
another in defrauding, is guilty of a misdemeanor. As used in this
section, "publishes" means the communication of information to any one
or more persons, either orally, in person or by telephone, radio or
television, or on a computer network or computer bulletin board, or in a
writing of any kind, including without limitation a letter or
memorandum, circular or handbill, newspaper or magazine article, or
book.
485. One who finds lost property under circumstances which give
him knowledge of or means of inquiry as to the true owner, and who
appropriates such property to his own use, or to the use of another
person not entitled thereto, without first making reasonable and just
efforts to find the owner and to restore the property to him, is guilty
of theft.
486. Theft is divided into two degrees, the first of which is
termed grand theft; the second, petty theft.
487. Grand theft is theft committed in any of the following
cases:
(a) When the money, labor, or real or personal property taken is of a
value exceeding four hundred dollars ($400), except as provided in
subdivision (b).
(b) Notwithstanding subdivision (a), grand theft is committed in any of
the following cases:
(1) (A) When domestic fowls, avocados, olives, citrus or deciduous
fruits, other fruits, vegetables, nuts, artichokes, or other farm crops
are taken of a value exceeding one hundred dollars ($100).
(B) For the purposes of establishing that the value of avocados or
citrus fruit under this paragraph exceeds one hundred dollars ($100),
that value may be shown by the presentation of credible evidence which
establishes that on the day of the theft avocados or citrus fruit of the
same variety and weight exceeded one hundred dollars ($100) in wholesale
value.
(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other
aquacultural products are taken from a commercial or research operation
which is producing that product, of a value exceeding one hundred
dollars ($100).
(3) Where the money, labor, or real or personal property is taken by a
servant, agent, or employee from his or her principal or employer and
aggregates four hundred dollars ($400) or more in any 12 consecutive
month period.
(c) When the property is taken from the person of another.
(d) When the property taken is any of the following:
(1) An automobile, horse, mare, gelding, any bovine animal, any
caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt,
barrow, or pig.
(2) A firearm.
(e) This section shall become operative on January 1, 1997.
487a. (a) Every person who shall feloniously steal, take,
transport or carry the carcass of any bovine, caprine, equine, ovine, or
suine animal or of any mule, jack or jenny, which is the personal
property of another, or who shall fraudulently appropriate such property
which has been entrusted to him, is guilty of grand theft.
(b) Every person who shall feloniously steal, take, transport, or carry
any portion of the carcass of any bovine, caprine, equine, ovine, or
suine animal or of any mule, jack, or jenny, which has been killed
without the consent of the owner thereof, is guilty of grand theft.
487b. Every person who converts real estate of the value of one
hundred dollars ($100) or more into personal property by severance from
the realty of another, and with felonious intent to do so, steals,
takes, and carries away such property is guilty of grand theft and is
punishable by imprisonment in the state prison.
487c. Every person who converts real estate of the value of less
than one hundred dollars ($100) into personal property by severance from
the realty of another, and with felonious intent to do so steals, takes,
and carries away such property is guilty of petty theft and is
punishable by imprisonment in the county jail for not more than one
year, or by a fine not exceeding one thousand dollars ($1,000), or by
both such fine and imprisonment.
487d. Every person who feloniously steals, takes, and carries
away, or attempts to take, steal, and carry from any mining claim,
tunnel, sluice, undercurrent, riffle box, or sulfurate machine,
another's gold dust, amalgam, or quicksilver is guilty of grand theft
and is punishable by imprisonment in the state prison.
487e. Every person who feloniously steals, takes, or carries away
a dog of another which is of a value exceeding four hundred dollars
($400) is guilty of grand theft.
487f. Every person who feloniously steals, takes, or carries away
a dog of another which is of a value not exceeding four hundred dollars
($400) is guilty of petty theft.
487g. Every person who steals or maliciously takes or carries
away any animal of another for purposes of sale, medical research,
slaughter, or other commercial use, or who knowingly, by any false
representation or pretense, defrauds another person of any animal for
purposes of sale, medical research, slaughter, or other commercial use
is guilty of a public offense punishable by imprisonment in a county
jail not exceeding one year or in the state prison.
488. Theft in other cases is petty theft.
489. Grand theft is punishable as follows:
(a) When the grand theft involves the theft of a firearm, by
imprisonment in the state prison for 16 months, 2, or 3 years.
(b) In all other cases, by imprisonment in a county jail not exceeding
one year or in the state prison.
490. Petty theft is punishable by fine not exceeding one thousand
dollars ($1,000), or by imprisonment in the county jail not exceeding
six months, or both.
490a. Wherever any law or statute of this state refers to or
mentions larceny, embezzlement, or stealing, said law or statute shall
hereafter be read and interpreted as if the word "theft" were
substituted therefor.
490.1. (a) Petty theft, where the value of the money, labor, real
or personal property taken is of a value which does not exceed fifty
dollars ($50), may be charged as a misdemeanor or an infraction, at the
discretion of the prosecutor, provided that the person charged with the
offense has no other theft or theft-related conviction.
(b) Any offense charged as an infraction under this section shall be
subject to the provisions of subdivision (d) of Section 17 and Sections
19.6 and 19.7.
A violation which is an infraction under this section is punishable by a
fine not exceeding two hundred fifty dollars ($250).
490.5. (a) Upon a first conviction for petty theft involving
merchandise taken from a merchant's premises or a book or other library
materials taken from a library facility, a person shall be punished by a
mandatory fine of not less than fifty dollars ($50) and not more than
one thousand dollars ($1,000) for each such violation; and may also be
punished by imprisonment in the county jail, not exceeding six months,
or both such fine and imprisonment.
(b) When an unemancipated minor's willful conduct would constitute petty
theft involving merchandise taken from a merchant's premises or a book
or other library materials taken from a library facility, any merchant
or library facility who has been injured by that conduct may bring a
civil action against the parent or legal guardian having control and
custody of the minor. For the purposes of those actions the misconduct
of the unemancipated minor shall be imputed to the parent or legal
guardian having control and custody of the minor. The parent or legal
guardian having control or custody of an unemancipated minor whose
conduct violates this subdivision shall be jointly and severally liable
with the minor to a merchant or to a library facility for damages of not
less than fifty dollars ($50) nor more than five hundred dollars ($500),
plus costs. In addition to the foregoing damages, the parent or legal
guardian shall be jointly and severally liable with the minor to the
merchant for the retail value of the merchandise if it is not recovered
in a merchantable condition, or to a library facility for the fair
market value of its book or other library materials. Recovery of these
damages may be had in addition to, and is not limited by, any other
provision of law which limits the liability of a parent or legal
guardian for the tortious conduct of a minor. An action for recovery of
damages, pursuant to this subdivision, may be brought in small claims
court if the total damages do not exceed the jurisdictional limit of
that court, or in any other appropriate court; however, total damages,
including the value of the merchandise or book or other library
materials, shall not exceed five hundred dollars ($500) for each action
brought under this section.
The provisions of this subdivision are in addition to other civil
remedies and do not limit merchants or other persons to elect to pursue
other civil remedies, except that the provisions of Section 1714.1 of
the Civil Code shall not apply herein.
(c) When an adult or emancipated minor has unlawfully taken merchandise
from a merchant's premises, or a book or other library materials from a
library facility, the adult or emancipated minor shall be liable to the
merchant or library facility for damages of not less than fifty dollars
($50) nor more than five hundred dollars ($500), plus costs. In addition
to the foregoing damages, the adult or emancipated minor shall be liable
to the merchant for the retail value of the merchandise if it is not
recovered in merchantable condition, or to a library facility for the
fair market value of its book or other library materials. An action for
recovery of damages, pursuant to this subdivision, may be brought in
small claims court if the total damages do not exceed the jurisdictional
limit of such court, or in any other appropriate court. The provisions
of this subdivision are in addition to other civil remedies and do not
limit merchants or other persons to elect to pursue other civil
remedies.
(d) In lieu of the fines prescribed by subdivision (a), any person may
be required to perform public services designated by the court, provided
that in no event shall any such person be required to perform less than
the number of hours of such public service necessary to satisfy the fine
assessed by the court as provided by subdivision (a) at the minimum wage
prevailing in the state at the time of sentencing.
(e) All fines collected under this section shall be collected and
distributed in accordance with Sections 1463 and 1463.1 of the Penal
Code; provided, however, that a county may, by a majority vote of the
members of its board of supervisors, allocate any amount up to, but not
exceeding 50 percent of such fines to the county superintendent of
schools for allocation to local school districts. The fines allocated
shall be administered by the county superintendent of schools to finance
public school programs, which provide counseling or other educational
services designed to discourage shoplifting, theft, and burglary.
Subject to rules and regulations as may be adopted by the Superintendent
of Public Instruction, each county superintendent of schools shall
allocate such funds to school districts within the county which submit
project applications designed to further the educational purposes of
this section. The costs of administration of this section by each county
superintendent of schools shall be paid from the funds allocated to the
county superintendent of schools.
(f) (1) A merchant may detain a person for a reasonable time for the
purpose of conducting an investigation in a reasonable manner whenever
the merchant has probable cause to believe the person to be detained is
attempting to unlawfully take or has unlawfully taken merchandise from
the merchant's premises.
A theater owner may detain a person for a reasonable time for the
purpose of conducting an investigation in a reasonable manner whenever
the theater owner has probable cause to believe the person to be
detained is attempting to operate a video recording device within the
premises of a motion picture theater without the authority of the owner
of the theater.
A person employed by a library facility may detain a person for a
reasonable time for the purpose of conducting an investigation in a
reasonable manner whenever the person employed by a library facility has
probable cause to believe the person to be detained is attempting to
unlawfully remove or has unlawfully removed books or library materials
from the premises of the library facility.
(2) In making the detention a merchant, theater owner, or a person
employed by a library facility may use a reasonable amount of nondeadly
force necessary to protect himself or herself and to prevent escape of
the person detained or the loss of tangible or intangible property.
(3) During the period of detention any items which a merchant or theater
owner, or any items which a person employed by a library facility has
probable cause to believe are unlawfully taken from the premises of the
merchant or library facility, or recorded on theater premises, and which
are in plain view may be examined by the merchant, theater owner, or
person employed by a library facility for the purposes of ascertaining
the ownership thereof.
(4) A merchant, theater owner, a person employed by a library facility,
or an agent thereof, having probable cause to believe the person
detained was attempting to unlawfully take or has taken any item from
the premises, or was attempting to operate a video recording device
within the premises of a motion picture theater without the authority of
the owner of the theater, may request the person detained to voluntarily
surrender the item or recording. Should the person detained refuse to
surrender the recording or item of which there is probable cause to
believe has been recorded on or unlawfully taken from the premises, or
attempted to be recorded or unlawfully taken from the premises, a
limited and reasonable search may be conducted by those authorized to
make the detention in order to recover the item. Only packages, shopping
bags, handbags or other property in the immediate possession of the
person detained, but not including any clothing worn by the person, may
be searched pursuant to this subdivision. Upon surrender or discovery of
the item, the person detained may also be requested, but may not be
required, to provide adequate proof of his or her true identity.
(5) If any person admitted to a theater in which a motion picture is to
be or is being exhibited, refuses or fails to give or surrender
possession or to cease operation of any video recording device that the
person has brought into or attempts to bring into that theater, then a
theater owner shall have the right to refuse admission to that person or
request that the person leave the premises and shall thereupon offer to
refund and, unless that offer is refused, refund to that person the
price paid by that person for admission to that theater. If the person
thereafter refuses to leave the theater or cease operation of the video
recording device, then the person shall be deemed to be intentionally
interfering with and obstructing those attempting to carry on a lawful
business within the meaning of Section 602.1.
(6) A peace officer who accepts custody of a person arrested for an
offense contained in this section may, subsequent to the arrest, search
the person arrested and his or her immediate possessions for any item or
items alleged to have been taken.
(7) In any civil action brought by any person resulting from a detention
or arrest by a merchant, it shall be a defense to such action that the
merchant detaining or arresting such person had probable cause to
believe that the person had stolen or attempted to steal merchandise and
that the merchant acted reasonably under all the circumstances.
In any civil action brought by any person resulting from a detention or
arrest by a theater owner or person employed by a library facility, it
shall be a defense to that action that the theater owner or person
employed by a library facility detaining or arresting that person had
probable cause to believe that the person was attempting to operate a
video recording device within the premises of a motion picture theater
without the authority of the owner of the theater or had stolen or
attempted to steal books or library materials and that the person
employed by a library facility acted reasonably under all the
circumstances.
(g) As used in this section:
(1) "Merchandise" means any personal property, capable of manual
delivery, displayed, held or offered for retail sale by a merchant.
(2) "Merchant" means an owner or operator, and the agent, consignee,
employee, lessee, or officer of an owner or operator, of any premises
used for the retail purchase or sale of any personal property capable of
manual delivery.
(3) "Theater owner" means an owner or operator, and the agent, employee,
consignee, lessee, or officer of an owner or operator, of any premises
used for the exhibition or performance of motion pictures to the general
public.
(4) The terms "book or other library materials" include any book, plate,
picture, photograph, engraving, painting, drawing, map, newspaper,
magazine, pamphlet, broadside, manuscript, document, letter, public
record, microform, sound recording, audiovisual material in any format,
magnetic or other tape, electronic data-processing record, artifact, or
other documentary, written or printed material regardless of physical
form or characteristics, or any part thereof, belonging to, on loan to,
or otherwise in the custody of a library facility.
(5) The term "library facility" includes any public library; any library
of an educational, historical or eleemosynary institution, organization
or society; any museum; any repository of public records.
(h) Any library facility shall post at its entrance and exit a
conspicuous sign to read as follows:
"IN ORDER TO PREVENT THE THEFT OF BOOKS AND LIBRARY MATERIALS, STATE LAW
AUTHORIZES THE DETENTION FOR A REASONABLE PERIOD OF ANY PERSON USING
THESE FACILITIES SUSPECTED OF COMMITTING "LIBRARY THEFT" (PENAL CODE
SECTION 490.5)."
490.6. (a) A person employed by an amusement park may detain a
person for a reasonable time for the purpose of conducting an
investigation in a reasonable manner whenever the person employed by the
amusement park has probable cause to believe the person to be detained
is violating lawful amusement park rules.
(b) If any person admitted to an amusement park refuses or fails to
follow lawful amusement park rules, after being so informed, then an
amusement park employee may request that the person either comply or
leave the premises. If the person refuses to leave the premises or
comply with lawful park rules, then the person shall be deemed to be
intentionally interfering with and obstructing those attempting to carry
on a lawful business within the meaning of Section 602.1.
(c) In any civil action brought by any person resulting from a detention
or an arrest by a person employed by an amusement park, it shall be a
defense to that action that the amusement park employee detaining or
arresting the person had probable cause to believe that the person was
not following lawful amusement park rules and that the amusement park
employee acted reasonably under all the circumstances.
491. Dogs are personal property, and their value is to be
ascertained in the same manner as the value of other property.
492. If the thing stolen consists of any evidence of debt, or
other written instrument, the amount of money due thereupon, or secured
to be paid thereby, and remaining unsatisfied, or which in any
contingency might be collected thereon, or the value of the property the
title to which is shown thereby, or the sum which might be recovered in
the absence thereof, is the value of the thing stolen.
493. If the thing stolen is any ticket or other paper or writing
entitling or purporting to entitle the holder or proprietor thereof to a
passage upon any railroad or vessel or other public conveyance, the
price at which tickets entitling a person to a like passage are usually
sold by the proprietors of such conveyance is the value of such ticket,
paper, or writing.
494. All the provisions of this Chapter apply where the property
taken is an instrument for the payment of money, evidence of debt,
public security, or passage ticket, completed and ready to be issued or
delivered, although the same has never been issued or delivered by the
makers thereof to any person as a purchaser or owner.
495. The provisions of this Chapter apply where the thing taken
is any fixture or part of the realty, and is severed at the time of the
taking, in the same manner as if the thing had been severed by another
person at some previous time.
496. (a) Every person who buys or receives any property that has
been stolen or that has been obtained in any manner constituting theft
or extortion, knowing the property to be so stolen or obtained, or who
conceals, sells, withholds, or aids in concealing, selling, or
withholding any property from the owner, knowing the property to be so
stolen or obtained, shall be punished by imprisonment in a state prison,
or in a county jail for not more than one year. However, if the district
attorney or the grand jury determines that this action would be in the
interests of justice, the district attorney or the grand jury, as the
case may be, may, if the value of the property does not exceed four
hundred dollars ($400), specify in the accusatory pleading that the
offense shall be a misdemeanor, punishable only by imprisonment in a
county jail not exceeding one year.
A principal in the actual theft of the property may be convicted
pursuant to this section. However, no person may be convicted both
pursuant to this section and of the theft of the same property.
(b) Every swap meet vendor, as defined in Section 21661 of the Business
and Professions Code, and every person whose principal business is
dealing in, or collecting, merchandise or personal property, and every
agent, employee, or representative of that person, who buys or receives
any property of a value in excess of four hundred dollars ($400) that
has been stolen or obtained in any manner constituting theft or
extortion, under circumstances that should cause the person, agent,
employee, or representative to make reasonable inquiry to ascertain that
the person from whom the property was bought or received had the legal
right to sell or deliver it, without making a reasonable inquiry, shall
be punished by imprisonment in a state prison, or in a county jail for
not more than one year.
Every swap meet vendor, as defined in Section 21661 of the Business and
Professions Code, and every person whose principal business is dealing
in, or collecting, merchandise or personal property, and every agent,
employee, or representative of that person, who buys or receives any
property of a value of four hundred dollars ($400) or less that has been
stolen or obtained in any manner constituting theft or extortion, under
circumstances that should cause the person, agent, employee, or
representative to make reasonable inquiry to ascertain that the person
from whom the property was bought or received had the legal right to
sell or deliver it, without making a reasonable inquiry, shall be guilty
of a misdemeanor.
(c) Any person who has been injured by a violation of subdivision (a) or
(b) may bring an action for three times the amount of actual damages, if
any, sustained by the plaintiff, costs of suit, and reasonable
attorney's fees.
(d) Notwithstanding Section 664, any attempt to commit any act
prohibited by this section, except an offense specified in the
accusatory pleading as a misdemeanor, is punishable by imprisonment in
the state prison, or in a county jail for not more than one year.
496a. (a) Every person who, being a dealer in or collector of
junk, metals or secondhand materials, or the agent, employee, or
representative of such dealer or collector, buys or receives any wire,
cable, copper, lead, solder, mercury, iron or brass which he knows or
reasonably should know is ordinarily used by or ordinarily belongs to a
railroad or other transportation, telephone, telegraph, gas, water or
electric light company or county, city, city and county or other
political subdivision of this state engaged in furnishing public utility
service without using due diligence to ascertain that the person selling
or delivering the same has a legal right to do so, is guilty of
criminally receiving such property, and is punishable, by imprisonment
in a state prison, or in a county jail for not more than one year, or by
a fine of not more than two hundred fifty dollars ($250), or by both
such fine and imprisonment.
(b) Any person buying or receiving material pursuant to subdivision (a)
shall obtain evidence of his identity from the seller including, but not
limited to, such person's full name, signature, address, driver's
license number, vehicle license number, and the license number of the
vehicle delivering the material.
The record of the transaction shall include an appropriate description
of the material purchased and such record shall be maintained pursuant
to Section 21607 of the Business and Professions Code.
496b. Every person who, being a dealer in or collector of
second-hand books or other literary material, or the agent, employee or
representative of such dealer, or collector, buys or receives any book,
manuscript, map, chart, or other work of literature, belonging to, and
bearing any mark or indicia of ownership by a public or incorporated
library, college or university, without ascertaining by diligent inquiry
that the person selling or delivering the same has a legal right to do
so, is guilty of criminally receiving such property in the first degree
if such property be of the value of more than fifty dollars, and is
punishable by imprisonment in the county jail for not more than one
year, or by a fine of not more than twice the value of the property
received, or by both such fine and imprisonment; and is guilty of
criminally receiving such property in the second degree if such property
be of the value of fifty dollars or under, and is punishable by
imprisonment in the county jail for not more than one month, or by a
fine of not more than twice the value of the property received, or by
both such fine and imprisonment.
496c. Any person who shall copy, transcribe, photograph or
otherwise make a record or memorandum of the contents of any private and
unpublished paper, book, record, map or file, containing information
relating to the title to real property or containing information used in
the business of examining, certifying or insuring titles to real
property and belonging to any person, firm or corporation engaged in the
business of examining, certifying, or insuring titles to real property,
without the consent of the owner of such paper, book, record, map or
file, and with the intent to use the same or the contents thereof, or to
dispose of the same or the contents thereof to others for use, in the
business of examining, certifying, or insuring titles to real property,
shall be guilty of theft, and any person who shall induce another to
violate the provisions of this section by giving, offering, or promising
to such another any gift, gratuity, or thing of value or by doing or
promising to do any act beneficial to such another, shall be guilty of
theft; and any person who shall receive or acquire from another any
copy, transcription, photograph or other record or memorandum of the
contents of any private and unpublished paper, book, record, map or file
containing information relating to the title to real property or
containing information used in the business of examining, certifying or
insuring titles to real property, with the knowledge that the same or
the contents thereof has or have been acquired, prepared or compiled in
violation of this section shall be guilty of theft. The contents of any
such private and unpublished paper, book, record, map or file is hereby
defined to be personal property, and in determining the value thereof
for the purposes of this section the cost of aquiring and compiling the
same shall be the test.
496d. (a) Every person who buys or receives any motor vehicle, as
defined in Section 415 of the Vehicle Code, any trailer, as defined in
Section 630 of the Vehicle Code, any special construction equipment, as
defined in Section 565 of the Vehicle Code, or any vessel, as defined in
Section 21 of the Harbors and Navigation Code, that has been stolen or
that has been obtained in any manner constituting theft or extortion,
knowing the property to be stolen or obtained, or who conceals, sells,
withholds, or aids in concealing, selling, or withholding any motor
vehicle, trailer, special construction equipment, or vessel from the
owner, knowing the property to be so stolen or obtained, shall be
punished by imprisonment in the state prison for 16 months or two or
three years or a fine of not more than ten thousand dollars ($10,000),
or both, or by imprisonment in a county jail not to exceed one year or a
fine of not more than one thousand dollars ($1,000), or both.
(b) For the purposes of this section, the terms "special construction
equipment" and "vessel" are limited to motorized vehicles and vessels.
497. Every person who, in another state or country steals or
embezzles the property of another, or receives such property knowing it
to have been stolen or embezzled, and brings the same into this state,
may be convicted and punished in the same manner as if such larceny, or
embezzlement, or receiving, had been committed in this state.
498. (a) The following definitions govern the construction of
this section:
(1) "Person" means any individual, or any partnership, firm,
association, corporation, limited liability company, or other legal
entity.
(2) "Utility" means any electrical, gas, or water corporation as those
terms are defined in the Public Utilities Code, and electrical, gas, or
water systems operated by any political subdivision.
(3) "Customer" means the person in whose name utility service is
provided.
(4) "Utility service" means the provision of electricity, gas, water, or
any other service provided by the utility for compensation.
(5) "Divert" means to change the intended course or path of electricity,
gas, or water without the authorization or consent of the utility.
(6) "Tamper" means to rearrange, injure, alter, interfere with, or
otherwise prevent from performing a normal or customary function.
(7) "Reconnection" means the reconnection of utility service by a
customer or other person after service has been lawfully disconnected by
the utility.
(b) Any person who, with intent to obtain for himself or herself utility
services without paying the full lawful charge therefor, or with intent
to enable another person to do so, or with intent to deprive any utility
of any part of the full lawful charge for utility services it provides,
commits, authorizes, solicits, aids, or abets any of the following shall
be guilty of a misdemeanor:
(1) Diverts or causes to be diverted utility services, by any means
whatsoever.
(2) Prevents any utility meter, or other device used in determining the
charge for utility services, from accurately performing its measuring
function by tampering or by any other means.
(3) Tampers with any property owned by or used by the utility to provide
utility services.
(4) Makes or causes to be made any connection with or reconnection with
property owned or used by the utility to provide utility services
without the authorization or consent of the utility.
(5) Uses or receives the direct benefit of all or a portion of utility
services with knowledge or reason to believe that the diversion,
tampering, or unauthorized connection existed at the time of that use,
or that the use or receipt was otherwise without the authorization or
consent of the utility.
(c) In any prosecution under this section, the presence of any of the
following objects, circumstances, or conditions on premises controlled
by the customer or by the person using or receiving the direct benefit
of all or a portion of utility services obtained in violation of this
section shall permit an inference that the customer or person intended
to and did violate this section:
(1) Any instrument, apparatus, or device primarily designed to be used
to obtain utility services without paying the full lawful charge
therefor.
(2) Any meter that has been altered, tampered with, or bypassed so as to
cause no measurement or inaccurate measurement of utility services.
(d) If the value of all utility services obtained in violation of this
section totals more than four hundred dollars ($400) or if the defendant
has previously been convicted of an offense under this section or any
former section which would be an offense under this section, or of an
offense under the laws of another state or of the United States which
would have been an offense under this section if committed in this
state, then the violation is punishable by imprisonment in the county
jail for not more than one year, or in the state prison.
(e) This section shall not be construed to preclude the applicability of
any other provision of the criminal law of this state.
499. (a) Any person who, having been convicted of a previous
violation of Section 10851 of the Vehicle Code, or of subdivision (d) of
Section 487, involving a vehicle or vessel, and having served a term
therefor in any penal institution or having been imprisoned therein as a
condition of probation for the offense, is subsequently convicted of a
violation of Section 499b, involving a vehicle or vessel, is punishable
for the subsequent offense by imprisonment in the county jail not
exceeding one year or the state prison for 16 months, two, or three
years.
(b) Any person convicted of a violation of Section 499b, who has been
previously convicted under charges separately brought and tried two or
more times of a violation of Section 499b, all such violations involving
a vehicle or vessel, and who has been imprisoned therefore as a
condition of probation or otherwise at least once, is punishable by
imprisonment in the county jail for not more than one year or in the
state prison for 16 months, two, or three years.
(c) This section shall become operative on January 1, 1997.
499b. Any person who shall, without the permission of the owner
thereof, take any bicycle or motorboat or vessel, for the purpose of
temporarily using or operating the same, shall be deemed guilty of a
misdemeanor, and upon conviction thereof, shall be punished by a fine
not exceeding four hundred dollars ($400), or by imprisonment not
exceeding three months, or by both that fine and imprisonment.
499c. (a) As used in this section:
(1) "Access" means to approach, a way or means of approaching, nearing,
admittance to, including to instruct, communicate with, store
information in, or retrieve information from a computer system or
computer network.
(2) "Article" means any object, material, device, or substance or copy
thereof, including any writing, record, recording, drawing, sample,
specimen, prototype, model, photograph, micro-organism, blueprint, map,
or tangible representation of a computer program or information,
including both human and computer readable information and information
while in transit.
(3) "Benefit" means gain or advantage, or anything regarded by the
beneficiary as gain or advantage, including benefit to any other person
or entity in whose welfare he or she is interested.
(4) "Computer system" means a machine or collection of machines, one or
more of which contain computer programs and information, that performs
functions, including, but not limited to, logic, arithmetic, information
storage and retrieval, communications, and control.
(5) "Computer network" means an interconnection of two or more computer
systems.
(6) "Computer program" means an ordered set of instructions or
statements, and related information that, when automatically executed in
actual or modified form in a computer system, causes it to perform
specified functions.
(7) "Copy" means any facsimile, replica, photograph or other
reproduction of an article, and any note, drawing or sketch made of or
from an article.
(8) "Representing" means describing, depicting, containing,
constituting, reflecting or recording.
(9) "Trade secret" means information, including a formula, pattern,
compilation, program, device, method, technique, or process, that:
(A) Derives independent economic value, actual or potential, from not
being generally known to the public or to other persons who can obtain
economic value from its disclosure or use; and
(B) Is the subject of efforts that are reasonable under the
circumstances to maintain its secrecy.
(b) Every person is guilty of theft who, with intent to deprive or
withhold the control of a trade secret from its owner, or with an intent
to appropriate a trade secret to his or her own use or to the use of
another, does any of the following:
(1) Steals, takes, carries away, or uses without authorization, a trade
secret.
(2) Fraudulently appropriates any article representing a trade secret
entrusted to him or her.
(3) Having unlawfully obtained access to the article, without authority
makes or causes to be made a copy of any article representing a trade
secret.
(4) Having obtained access to the article through a relationship of
trust and confidence, without authority and in breach of the obligations
created by that relationship, makes or causes to be made, directly from
and in the presence of the article, a copy of any article representing a
trade secret.
(c) Every person who promises, offers or gives, or conspires to promise
or offer to give, to any present or former agent, employee or servant of
another, a benefit as an inducement, bribe or reward for conveying,
delivering or otherwise making available an article representing a trade
secret owned by his or her present or former principal, employer or
master, to any person not authorized by the owner to receive or acquire
the trade secret and every present or former agent, employee, or
servant, who solicits, accepts, receives or takes a benefit as an
inducement, bribe or reward for conveying, delivering or otherwise
making available an article representing a trade secret owned by his or
her present or former principal, employer or master, to any person not
authorized by the owner to receive or acquire the trade secret, shall be
punished by imprisonment in the state prison, or in a county jail not
exceeding one year, or by a fine not exceeding five thousand dollars
($5,000), or by both that fine and imprisonment.
(d) In a prosecution for a violation of this section, it shall be no
defense that the person returned or intended to return the article.
499d. Any person who operates or takes an aircraft not his own,
without the consent of the owner thereof, and with intent to either
permanently or temporarily deprive the owner thereof of his title to or
possession of such vehicle, whether with or without intent to steal the
same, or any person who is a party or accessory to or an accomplice in
any operation or unauthorized taking or stealing is guilty of a felony,
and upon conviction thereof shall be punished by imprisonment in the
state prison, or in the county jail for not more than one year or by a
fine of not more than ten thousand dollars ($10,000) or by both such
fine and imprisonment.
500. (a) Any person who receives money for the actual or
purported purpose of transmitting the same or its equivalent to foreign
countries as specified in Section 1800.5 of the Financial Code who fails
to do at least one of the following acts unless otherwise instructed by
the customer is guilty of a misdemeanor or felony as set forth in
subdivision (b):
(1) Forward the money as represented to the customer within 10 days of
receipt of the funds.
(2) Give instructions within 10 days of receipt of the customer's funds,
committing equivalent funds to the person designated by the customer.
(3) Refund to the customer any money not forwarded as represented within
10 days of the customer's written request for a refund pursuant to
subdivision (a) of Section 1810.5 of the Financial Code.
(b) (1) If the total value of the funds received from the customer is
less than four hundred dollars ($400), the offense set forth in
subdivision (a) is punishable by imprisonment in the county jail not
exceeding one year or by a fine not exceeding one thousand
dollars($1,000), or by both imprisonment and fine.
(2) If the total value of the money received from the customer is four
hundred dollars ($400) or more, or if the total value of all moneys
received by the person from different customers is four hundred dollars
($400), or more and the receipts were part of a common scheme or plan,
the offense set forth in subdivision (a) is punishable by imprisonment
in the state prison for 16 months, 2, or 3 years, by a fine not
exceeding ten thousand dollars ($10,000), or by both imprisonment and
fine.
501. Upon a trial for larceny or embezzlement of money, bank
notes, certificates of stock, or valuable securities, the allegation of
the indictment or information, so far as regards the description of the
property, is sustained, if the offender be proved to have embezzled or
stolen any money, bank notes, certificates of stock, or valuable
security, although the particular species of coin or other money, or the
number, denomination, or kind of bank notes, certificates of stock, or
valuable security, is not proved; and upon a trial for embezzlement, if
the offender is proved to have embezzled any piece of coin or other
money, any bank note, certificate of stock, or valuable security,
although the piece of coin or other money, or bank note, certificate of
stock, or valuable security, may have been delivered to him or her in
order that some part of the value thereof should be returned to the
party delivering the same, and such part shall have been returned
accordingly.
502. (a) It is the intent of the Legislature in enacting this
section to expand the degree of protection afforded to individuals,
businesses, and governmental agencies from tampering, interference,
damage, and unauthorized access to lawfully created computer data and
computer systems. The Legislature finds and declares that the
proliferation of computer technology has resulted in a concomitant
proliferation of computer crime and other forms of unauthorized access
to computers, computer systems, and computer data.
The Legislature further finds and declares that protection of the
integrity of all types and forms of lawfully created computers, computer
systems, and computer data is vital to the protection of the privacy of
individuals as well as to the well-being of financial institutions,
business concerns, governmental agencies, and others within this state
that lawfully utilize those computers, computer systems, and data.
(b) For the purposes of this section, the following terms have the
following meanings:
(1) "Access" means to gain entry to, instruct, or communicate with the
logical, arithmetical, or memory function resources of a computer,
computer system, or computer network.
(2) "Computer network" means any system that provides communications
between one or more computer systems and input/output devices including,
but not limited to, display terminals and printers connected by
telecommunication facilities.
(3) "Computer program or software" means a set of instructions or
statements, and related data, that when executed in actual or modified
form, cause a computer, computer system, or computer network to perform
specified functions.
(4) "Computer services" includes, but is not limited to, computer time,
data processing, or storage functions, or other uses of a computer,
computer system, or computer network.
(5) "Computer system" means a device or collection of devices, including
support devices and excluding calculators that are not programmable and
capable of being used in conjunction with external files, one or more of
which contain computer programs, electronic instructions, input data,
and output data, that performs functions including, but not limited to,
logic, arithmetic, data storage and retrieval, communication, and
control.
(6) "Data" means a representation of information, knowledge, facts,
concepts, computer software, computer programs or instructions. Data may
be in any form, in storage media, or as stored in the memory of the
computer or in transit or presented on a display device.
(7) "Supporting documentation" includes, but is not limited to, all
information, in any form, pertaining to the design, construction,
classification, implementation, use, or modification of a computer,
computer system, computer network, computer program, or computer
software, which information is not generally available to the public and
is necessary for the operation of a computer, computer system, computer
network, computer program, or computer software.
(8) "Injury" means any alteration, deletion, damage, or destruction of a
computer system, computer network, computer program, or data caused by
the access, or the denial of access to legitimate users of a computer
system, network, or program.
(9) "Victim expenditure" means any expenditure reasonably and
necessarily incurred by the owner or lessee to verify that a computer
system, computer network, computer program, or data was or was not
altered, deleted, damaged, or destroyed by the access.
(10) "Computer contaminant" means any set of computer instructions that
are designed to modify, damage, destroy, record, or transmit information
within a computer, computer system, or computer network without the
intent or permission of the owner of the information. They include, but
are not limited to, a group of computer instructions commonly called
viruses or worms, that are self-replicating or self-propagating and are
designed to contaminate other computer programs or computer data,
consume computer resources, modify, destroy, record, or transmit data,
or in some other fashion usurp the normal operation of the computer,
computer system, or computer network.
(11) "Internet domain name" means a globally unique, hierarchical
reference to an Internet host or service, assigned through centralized
Internet naming authorities, comprising a series of character strings
separated by periods, with the rightmost character string specifying the
top of the hierarchy.
(c) Except as provided in subdivision (h), any person who commits any of
the following acts is guilty of a public offense:
(1) Knowingly accesses and without permission alters, damages, deletes,
destroys, or otherwise uses any data, computer, computer system, or
computer network in order to either (A) devise or execute any scheme or
artifice to defraud, deceive, or extort, or (B) wrongfully control or
obtain money, property, or data.
(2) Knowingly accesses and without permission takes, copies, or makes
use of any data from a computer, computer system, or computer network,
or takes or copies any supporting documentation, whether existing or
residing internal or external to a computer, computer system, or
computer network.
(3) Knowingly and without permission uses or causes to be used computer
services.
(4) Knowingly accesses and without permission adds, alters, damages,
deletes, or destroys any data, computer software, or computer programs
which reside or exist internal or external to a computer, computer
system, or computer network.
(5) Knowingly and without permission disrupts or causes the disruption
of computer services or denies or causes the denial of computer services
to an authorized user of a computer, computer system, or computer
network.
(6) Knowingly and without permission provides or assists in providing a
means of accessing a computer, computer system, or computer network in
violation of this section.
(7) Knowingly and without permission accesses or causes to be accessed
any computer, computer system, or computer network.
(8) Knowingly introduces any computer contaminant into any computer,
computer system, or computer network.
(9) Knowingly and without permission uses the Internet domain name of
another individual, corporation, or entity in connection with the
sending of one or more electronic mail messages, and thereby damages or
causes damage to a computer, computer system, or computer network.
(d) (1) Any person who violates any of the provisions of paragraph
(1), (2), (4), or (5) of subdivision (c) is punishable by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison for 16 months, or two or three years, or by both that fine
and imprisonment, or by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one year, or
by both that fine and imprisonment.
(2) Any person who violates paragraph (3) of subdivision (c) is
punishable as follows:
(A) For the first violation that does not result in injury, and where
the value of the computer services used does not exceed four hundred
dollars ($400), by a fine not exceeding five thousand dollars ($5,000),
or by imprisonment in a county jail not exceeding one year, or by both
that fine and imprisonment.
(B) For any violation that results in a victim expenditure in an amount
greater than five thousand dollars ($5,000) or in an injury, or if the
value of the computer services used exceeds four hundred dollars ($400),
or for any second or subsequent violation, by a fine not exceeding ten
thousand dollars ($10,000), or by imprisonment in the state prison for
16 months, or two or three years, or by both that fine and imprisonment,
or by a fine not exceeding five thousand dollars ($5,000), or by
imprisonment in a county jail not exceeding one year, or by both that
fine and imprisonment.
(3) Any person who violates paragraph (6) or (7) of subdivision (c) is
punishable as follows:
(A) For a first violation that does not result in injury, an infraction
punishable by a fine not exceeding one thousand dollars ($1,000).
(B) For any violation that results in a victim expenditure in an amount
not greater than five thousand dollars ($5,000), or for a second or
subsequent violation, by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one year, or
by both that fine and imprisonment.
(C) For any violation that results in a victim expenditure in an amount
greater than five thousand dollars ($5,000), by a fine not exceeding ten
thousand dollars ($10,000), or by imprisonment in the state prison for
16 months, or two or three years, or by both that fine and imprisonment,
or by a fine not exceeding five thousand dollars ($5,000), or by
imprisonment in a county jail not exceeding one year, or by both that
fine and imprisonment.
(4) Any person who violates paragraph (8) of subdivision (c) is
punishable as follows:
(A) For a first violation that does not result in injury, a misdemeanor
punishable by a fine not exceeding five thousand dollars ($5,000), or by
imprisonment in a county jail not exceeding one year, or by both that
fine and imprisonment.
(B) For any violation that results in injury, or for a second or
subsequent violation, by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in a county jail not exceeding one year,
or in the state prison, or by both that fine and imprisonment.
(5) Any person who violates paragraph (9) of subdivision (c) is
punishable as follows:
(A) For a first violation that does not result in injury, an infraction
punishable by a fine not one thousand dollars.
(B) For any violation that results in injury, or for a second or
subsequent violation, by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one year, or
by both that fine and imprisonment.
(e) (1) In addition to any other civil remedy available, the owner or
lessee of the computer, computer system, computer network, computer
program, or data who suffers damage or loss by reason of a violation of
any of the provisions of subdivision (c) may bring a civil action
against the violator for compensatory damages and injunctive relief or
other equitable relief. Compensatory damages shall include any
expenditure reasonably and necessarily incurred by the owner or lessee
to verify that a computer system, computer network, computer program, or
data was or was not altered, damaged, or deleted by the access. For the
purposes of actions authorized by this subdivision, the conduct of an
unemancipated minor shall be imputed to the parent or legal guardian
having control or custody of the minor, pursuant to the provisions of
Section 1714.1 of the Civil Code.
(2) In any action brought pursuant to this subdivision the court may
award reasonable attorney's fees.
(3) A community college, state university, or academic institution
accredited in this state is required to include computer-related crimes
as a specific violation of college or university student conduct
policies and regulations that may subject a student to disciplinary
sanctions up to and including dismissal from the academic institution.
This paragraph shall not apply to the University of California unless
the Board of Regents adopts a resolution to that effect.
(4) In any action brought pursuant to this subdivision for a willful
violation of the provisions of subdivision (c), where it is proved by
clear and convincing evidence that a defendant has been guilty of
oppression, fraud, or malice as defined in subdivision (c) of Section
3294 of the Civil Code, the court may additionally award punitive or
exemplary damages.
(5) No action may be brought pursuant to this subdivision unless it is
initiated within three years of the date of the act complained of, or
the date of the discovery of the damage, whichever is later.
(f) This section shall not be construed to preclude the applicability of
any other provision of the criminal law of this state which applies or
may apply to any transaction, nor shall it make illegal any employee
labor relations activities that are within the scope and protection of
state or federal labor laws.
(g) Any computer, computer system, computer network, or any software or
data, owned by the defendant, that is used during the commission of any
public offense described in subdivision (c) or any computer, owned by
the defendant, which is used as a repository for the storage of software
or data illegally obtained in violation of subdivision (c) shall be
subject to forfeiture, as specified in Section 502.01.
(h) (1) Subdivision (c) does not apply to punish any acts which are
committed by a person within the scope of his or her lawful employment.
For purposes of this section, a person acts within the scope of his or
her employment when he or she performs acts which are reasonably
necessary to the performance of his or her work assignment.
(2) Paragraph (3) of subdivision (c) does not apply to penalize any acts
committed by a person acting outside of his or her lawful employment,
provided that the employee's activities do not cause an injury, as
defined in paragraph (8) of subdivision (b), to the employer or another,
or provided that the value of supplies or computer services, as defined
in paragraph (4) of subdivision (b), which are used does not exceed an
accumulated total of one hundred dollars ($100).
(i) No activity exempted from prosecution under paragraph (2) of
subdivision (h) which incidentally violates paragraph (2), (4), or
(7) of subdivision (c) shall be prosecuted under those paragraphs.
(j) For purposes of bringing a civil or a criminal action under this
section, a person who causes, by any means, the access of a computer,
computer system, or computer network in one jurisdiction from another
jurisdiction is deemed to have personally accessed the computer,
computer system, or computer network in each jurisdiction.
(k) In determining the terms and conditions applicable to a person
convicted of a violation of this section the court shall consider the
following:
(1) The court shall consider prohibitions on access to and use of
computers.
(2) Except as otherwise required by law, the court shall consider
alternate sentencing, including community service, if the defendant
shows remorse and recognition of the wrongdoing, and an inclination not
to repeat the offense.
502.01. (a) As used in this section:
(1) "Property subject to forfeiture" means any property of the defendant
that is illegal telecommunications equipment as defined in subdivision
(g) of Section 502.8, or a computer, computer system, or computer
network, and any software or data residing thereon, if the
telecommunications device, computer, computer system, or computer
network was used in committing a violation of, or conspiracy to commit a
violation of, Section 422, 470, 470a, 472, 475, 476, 480, 483.5, 484g,
or subdivision (a), (b), or (d) of Section 484e, subdivision (a) of
Section 484f, subdivision (b) or (c) of Section 484i, subdivision (c) of
Section 502, or Section 502.7, 502.8, 529, 529a, or 530.5, 537e, 593d,
593e, or 646.9, or was used as a repository for the storage of software
or data obtained in violation of those provisions. Forfeiture shall not
be available for any property used solely in the commission of an
infraction. If the defendant is a minor, it also includes property of
the parent or guardian of the defendant.
(2) "Sentencing court" means the court sentencing a person found guilty
of violating or conspiring to commit a violation of Section 422, 470,
470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d)
of Section 484e, subdivision (d) of Section 484e, subdivision (a) of
Section 484f, subdivision (b) or (c) of Section 484i, subdivision (c) of
Section 502, or Section 502.7, 502.8, 529, 529a, 530.5, 537e, 593d,
593e, or 646.9, or, in the case of a minor, found to be a person
described in Section 602 of the Welfare and Institutions Code because of
a violation of those provisions, the juvenile court.
(3) "Interest" means any property interest in the property subject to
forfeiture.
(4) "Security interest" means an interest that is a lien, mortgage,
security interest, or interest under a conditional sales contract.
(5) "Value" has the following meanings:
(A) When counterfeit items of computer software are manufactured or
possessed for sale, the "value" of those items shall be equivalent to
the retail price or fair market price of the true items that are
counterfeited.
(B) When counterfeited but unassembled components of computer software
packages are recovered, including, but not limited to, counterfeited
computer diskettes, instruction manuals, or licensing envelopes, the
"value" of those components of computer software packages shall be
equivalent to the retail price or fair market price of the number of
completed computer software packages that could have been made from
those components.
(b) The sentencing court shall, upon petition by the prosecuting
attorney, at any time following sentencing, or by agreement of all
parties, at the time of sentencing, conduct a hearing to determine
whether any property or property interest is subject to forfeiture under
this section. At the forfeiture hearing, the prosecuting attorney shall
have the burden of establishing, by a preponderance of the evidence,
that the property or property interests are subject to forfeiture. The
prosecuting attorney may retain seized property that may be subject to
forfeiture until the sentencing hearing.
(c) Prior to the commencement of a forfeiture proceeding, the law
enforcement agency seizing the property subject to forfeiture shall make
an investigation as to any person other than the defendant who may have
an interest in it. At least 30 days before the hearing to determine
whether the property should be forfeited, the prosecuting agency shall
send notice of the hearing to any person who may have an interest in the
property that arose before the seizure.
A person claiming an interest in the property shall file a motion for
the redemption of that interest at least 10 days before the hearing on
forfeiture, and shall send a copy of the motion to the prosecuting
agency and to the probation department.
If a motion to redeem an interest has been filed, the sentencing court
shall hold a hearing to identify all persons who possess valid interests
in the property. No person shall hold a valid interest in the property
if, by a preponderance of the evidence, the prosecuting agency shows
that the person knew or should have known that the property was being
used in violation of, or conspiracy to commit a violation of, Section
311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a, 472, 475,
476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e,
subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i,
subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a,
530.5, 537e, 593d, 593e, or 646.9, and that the person did not take
reasonable steps to prevent that use, or if the interest is a security
interest, the person knew or should have known at the time that the
security interest was created that the property would be used for a
violation.
(d) If the sentencing court finds that a person holds a valid interest
in the property, the following provisions shall apply:
(1) The court shall determine the value of the property.
(2) The court shall determine the value of each valid interest in the
property.
(3) If the value of the property is greater than the value of the
interest, the holder of the interest shall be entitled to ownership of
the property upon paying the court the difference between the value of
the property and the value of the valid interest.
If the holder of the interest declines to pay the amount determined
under paragraph (2), the court may order the property sold and designate
the prosecutor or any other agency to sell the property. The designated
agency shall be entitled to seize the property and the holder of the
interest shall forward any documentation underlying the interest,
including any ownership certificates for that property, to the
designated agency. The designated agency shall sell the property and pay
the owner of the interest the proceeds, up to the value of that
interest.
(4) If the value of the property is less than the value of the interest,
the designated agency shall sell the property and pay the owner of the
interest the proceeds, up to the value of that interest.
(e) If the defendant was a minor at the time of the offense, this
subdivision shall apply to property subject to forfeiture that is the
property of the parent or guardian of the minor.
(1) The prosecuting agency shall notify the parent or guardian of the
forfeiture hearing at least 30 days before the date set for the hearing.
(2) The computer or telecommunications device shall not be subject to
forfeiture if the parent or guardian files a signed statement with the
court at least 10 days before the date set for the hearing that the
minor shall not have access to any computer or telecommunications device
owned by the parent or guardian for two years after the date on which
the minor is sentenced.
(3) If the minor is convicted of a violation of Section 470, 470a, 472,
476, 480, or subdivision (b) of Section 484e, subdivision (d) of Section
484e, subdivision (a) of Section 484f, subdivision (b) of Section 484i,
subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, or
530.5, within two years after the date on which the minor is sentenced,
and the violation involves a computer or telecommunications device owned
by the parent or guardian, the original property subject to forfeiture,
and the property involved in the new offense, shall be subject to
forfeiture notwithstanding paragraph (2).
(4) Notwithstanding paragraph (1), (2), or (3), or any other provision
of this chapter, if a minor's parent or guardian makes full restitution
to the victim of a crime enumerated in this chapter in an amount or
manner determined by the court, the forfeiture provisions of this
chapter do not apply to the property of that parent or guardian if the
property was located in the family's primary residence during the
commission of the crime.
(f) Notwithstanding any other provision of this chapter, the court may
exercise its discretion to deny forfeiture where the court finds that
the convicted defendant, or minor adjudicated to come within the
jurisdiction of the juvenile court, is not likely to use the property
otherwise subject to forfeiture for future illegal acts.
(g) If the defendant is found to have the only valid interest in the
property subject to forfeiture, it shall be distributed as follows:
(1) First, to the victim, if the victim elects to take the property as
full or partial restitution for injury, victim expenditures, or
compensatory damages, as defined in paragraph (1) of subdivision (e) of
Section 502. If the victim elects to receive the property under this
paragraph, the value of the property shall be determined by the court
and that amount shall be credited against the restitution owed by the
defendant. The victim shall not be penalized for electing not to accept
the forfeited property in lieu of full or partial restitution.
(2) Second, at the discretion of the court, to one or more of the
following agencies or entities:
(A) The prosecuting agency.
(B) The public entity of which the prosecuting agency is a part.
(C) The public entity whose officers or employees conducted the
investigation resulting in forfeiture.
(D) Other state and local public entities, including school districts.
(E) Nonprofit charitable organizations.
(h) If the property is to be sold, the court may designate the
prosecuting agency or any other agency to sell the property at auction.
The proceeds of the sale shall be distributed by the court as follows:
(1) To the bona fide or innocent purchaser or encumbrancer, conditional
sales vendor, or mortgagee of the property up to the amount of his or
her interest in the property, if the court orders a distribution to that
person.
(2) The balance, if any, to be retained by the court, subject to the
provisions for distribution under subdivision (g).
502.5. Every person who, after mortgaging or encumbering by deed
of trust any real property, and during the existence of such mortgage or
deed of trust, or after such mortgaged or encumbered property shall have
been sold under an order and decree of foreclosure or at trustee's sale,
and with intent to defraud or injure the mortgagee or the beneficiary or
trustee, under such deed of trust, his representatives, successors or
assigns, or the purchaser of such mortgaged or encumbered premises at
such foreclosure or trustee's sale, his representatives, successors or
assigns, takes, removes or carries away from such mortgaged or
encumbered premises, or otherwise disposes of or permits the taking,
removal or carrying away or otherwise disposing of any house, barn,
windmill, water tank, pump, engine or other part of the freehold that is
attached or affixed to such premises as an improvement thereon, without
the written consent of the mortgagee or beneficiary, under deed of
trust, his representatives, successors or assigns, or the purchaser at
such foreclosure or trustee's sale, his representatives, successors or
assigns, is guilty of larceny and shall be punished accordingly.
502.6. (a) Any person who knowingly, willfully, and with the
intent to defraud, possesses a scanning device, or who knowingly,
willfully, and with intent to defraud, uses a scanning device to access,
read, obtain, memorize or store, temporarily or permanently, information
encoded on the magnetic strip or stripe of a payment card without the
permission of the authorized user of the payment card is guilty of a
misdemeanor, punishable by a term in a county jail not to exceed one
year, or a fine of one thousand dollars ($1,000), or both the
imprisonment and fine.
(b) Any person who knowingly, willfully, and with the intent to defraud,
possesses a reencoder, or who knowingly, willfully, and with intent to
defraud, uses a reencoder to place encoded information on the magnetic
strip or stripe of a payment card or any electronic medium that allows
an authorized transaction to occur, without the permission of the
authorized user of the payment card from which the information is being
reencoded is guilty of a misdemeanor, punishable by a term in a county
jail not to exceed one year, or a fine of one thousand dollars ($1,000),
or both the imprisonment and fine.
(c) Any scanning device or reencoder described in subdivision (e) owned
by the defendant and possessed or used in violation of subdivision (a)
or (b) may be seized and be destroyed as contraband by the sheriff of
the county in which the scanning device or reencoder was seized.
(d) Any computer, computer system, computer network, or any software or
data, owned by the defendant, which is used during the commission of any
public offense described in this section or any computer, owned by the
defendant, which is used as a repository for the storage of software or
data illegally obtained in violation of this section shall be subject to
forfeiture.
(e) As used in this section, the following definitions apply:
(1) "Scanning device" means a scanner, reader, or any other electronic
device that is used to access, read, scan, obtain, memorize, or store,
temporarily or permanently, information encoded on the magnetic strip or
stripe of a payment card.
(2) "Reencoder" means an electronic device that places encoded
information from the magnetic strip or stripe of a payment card on to
the magnetic strip or stripe of a different payment card.
(3) "Payment card" means a credit card, debit card, or any other card
that is issued to an authorized user and that allows the user to obtain,
purchase, or receive goods, services, money, or anything else of value.
(f) Nothing in this section shall preclude prosecution under any other
provision of law.
502.7. (a) Any person who, knowingly, willfully, and with intent
to defraud a person providing telephone or telegraph service, avoids or
attempts to avoid, or aids, abets or causes another to avoid the lawful
charge, in whole or in part, for telephone or telegraph service by any
of the following means is guilty of a misdemeanor or a felony, except as
provided in subdivision (g):
(1) By charging the service to an existing telephone number or credit
card number without the authority of the subscriber thereto or the
lawful holder thereof.
(2) By charging the service to a nonexistent telephone number or credit
card number, or to a number associated with telephone service which is
suspended or terminated, or to a revoked or canceled (as distinguished
from expired) credit card number, notice of the suspension, termination,
revocation, or cancellation of the telephone service or credit card
having been given to the subscriber thereto or the holder thereof.
(3) By use of a code, prearranged scheme, or other similar stratagem or
device whereby the person, in effect, sends or receives information.
(4) By rearranging, tampering with, or making connection with telephone
or telegraph facilities or equipment, whether physically, electrically,
acoustically, inductively, or otherwise, or by using telephone or
telegraph service with knowledge or reason to believe that the
rearrangement, tampering, or connection existed at the time of the use.
(5) By using any other deception, false pretense, trick, scheme, device,
conspiracy, or means, including the fraudulent use of false, altered, or
stolen identification.
(b) Any person who does either of the following is guilty of a
misdemeanor or a felony, except as provided in subdivision (g):
(1) Makes, possesses, sells, gives, or otherwise transfers to another,
or offers or advertises any instrument, apparatus, or device with intent
to use it or with knowledge or reason to believe it is intended to be
used to avoid any lawful telephone or telegraph toll charge or to
conceal the existence or place of origin or destination of any telephone
or telegraph message.
(2) Sells, gives, or otherwise transfers to another or offers, or
advertises plans or instructions for making or assembling an instrument,
apparatus, or device described in paragraph (1) of this subdivision with
knowledge or reason to believe that they may be used to make or assemble
the instrument, apparatus, or device.
(c) Any person who publishes the number or code of an existing,
canceled, revoked, expired, or nonexistent credit card, or the numbering
or coding which is employed in the issuance of credit cards, with the
intent that it be used or with knowledge or reason to believe that it
will be used to avoid the payment of any lawful telephone or telegraph
toll charge is guilty of a misdemeanor.
Subdivision (g) shall not apply to this subdivision. As used in this
section, "publishes" means the communication of information to any one
or more persons, either orally, in person or by telephone, radio, or
television, or electronic means, including, but not limited to, a
bulletin board system, or in a writing of any kind, including without
limitation a letter or memorandum, circular or handbill, newspaper, or
magazine article, or book.
(d) Any person who is the issuee of a calling card, credit card, calling
code, or any other means or device for the legal use of
telecommunications services and who receives anything of value for
knowingly allowing another person to use the means or device in order to
fraudulently obtain telecommunications services is guilty of a
misdemeanor or a felony, except as provided in subdivision (g).
(e) Subdivision (a) applies when the telephone or telegraph
communication involved either originates or terminates, or both
originates and terminates, in this state, or when the charges for
service would have been billable, in normal course, by a person
providing telephone or telegraph service in this state, but for the fact
that the charge for service was avoided, or attempted to be avoided, by
one or more of the means set forth in subdivision (a).
(f) Jurisdiction of an offense under this section is in the
jurisdictional territory where the telephone call or telegram involved
in the offense originates or where it terminates, or the jurisdictional
territory to which the bill for the service is sent or would have been
sent but for the fact that the service was obtained or attempted to be
obtained by one or more of the means set forth in subdivision (a).
(g) Theft of any telephone or telegraph services under this section by a
person who has a prior misdemeanor or felony conviction for theft of
services under this section within the past five years, is a felony.
(h) Any person or telephone company defrauded by any acts prohibited
under this section shall be entitled to restitution for the entire
amount of the charges avoided from any person or persons convicted under
this section.
(i) Any instrument, apparatus, device, plans, instructions, or written
publication described in subdivision (b) or (c) may be seized under
warrant or incident to a lawful arrest, and, upon the conviction of a
person for a violation of subdivision (a), (b), or (c), the instrument,
apparatus, device, plans, instructions, or written publication may be
destroyed as contraband by the sheriff of the county in which the person
was convicted or turned over to the person providing telephone or
telegraph service in the territory in which it was seized.
(j) Any computer, computer system, computer network, or any software or
data, owned by the defendant, which is used during the commission of any
public offense described in this section or any computer, owned by the
defendant, which is used as a repository for the storage of software or
data illegally obtained in violation of this section shall be subject to
forfeiture.
502.8. (a) Any person who knowingly advertises illegal
telecommunications equipment is guilty of a misdemeanor.
(b) Any person who possesses or uses illegal telecommunications
equipment intending to avoid the payment of any lawful charge for
telecommunications service or to facilitate other criminal conduct is
guilty of a misdemeanor.
(c) Any person found guilty of violating subdivision (b), who has
previously been convicted of the same offense, shall be guilty of a
felony, punishable by imprisonment in state prison, a fine of up to
fifty thousand dollars ($50,000), or both.
(d) Any person who possesses illegal telecommunications equipment with
intent to sell, transfer, or furnish or offer to sell, transfer, or
furnish the equipment to another, intending to avoid the payment of any
lawful charge for telecommunications service or to facilitate other
criminal conduct is guilty of a misdemeanor punishable by one year in a
county jail or imprisonment in state prison or a fine of up to ten
thousand dollars ($10,000), or both.
(e) Any person who possesses 10 or more items of illegal
telecommunications equipment with intent to sell or offer to sell the
equipment to another, intending to avoid payment of any lawful charge
for telecommunications service or to facilitate other criminal conduct,
is guilty of a felony, punishable by imprisonment
in state prison, a fine of up to fifty thousand dollars ($50,000), or
both.
(f) Any person who manufactures 10 or more items of illegal
telecommunications equipment with intent to sell or offer to sell the
equipment to another, intending to avoid the payment of any lawful
charge for telecommunications service or to facilitate other criminal
conduct is guilty of a felony punishable by imprisonment in state prison
or a fine of up to fifty thousand dollars ($50,000), or both.
(g) For purposes of this section, "illegal telecommunications equipment"
means equipment that operates to evade the lawful charges for any
telecommunications service; surrepticiously intercept electronic serial
numbers or mobile identification numbers; alter electronic serial
numbers; circumvent efforts to confirm legitimate access to a
telecommunications account; conceal from any telecommunications service
provider or lawful authority the existence, place of origin, or
destination of any telecommunication; or otherwise facilitate any other
criminal conduct. "Illegal telecommunications equipment" includes, but
is not limited to, any unauthorized electronic serial number or mobile
identification number, whether incorporated into a wireless telephone or
other device or otherwise. Items specified in this paragraph shall be
considered illegal telecommunications equipment notwithstanding any
statement or disclaimer that the items are intended for educational,
instructional, or similar purposes.
(h) (1) In the event that a person violates the provisions of this
section with the intent to avoid the payment of any lawful charge for
telecommunications service to a telecommunications service provider, the
court shall order the person to pay restitution to the
telecommunications service provider in an amount that is the greater of
the following:
(A) Five thousand dollars ($5,000).
(B) Three times the amount of actual damages, if any, sustained by the
telecommunications service provider, plus reasonable attorney fees.
(2) It is not a necessary prerequisite to an order of restitution under
this section that the telecommunications service provider has suffered,
or be threatened with, actual damages.
502.9. Upon conviction of a felony violation under this chapter,
the fact that the victim was an elder or dependent adult, as defined in
Section 368, shall be considered a circumstance in aggravation when
imposing a term under subdivision (b) of Section 1170.
How We Can Help:
Please call us 24 hours a day at 1-800-957-2245. An experienced,
professional bail agent will immediately assist you and answer all of
your bail related questions.
|
|
