California Penal Code § 463

(a) For the purposes of this section, the following terms shall have the following meanings: (1) “Evacuation order” means an order from the Governor, or a county sheriff, chief of police, or fire marshal, under which persons subject to the order are required to relocate outside of the geographic area covered by the order due to an imminent danger resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster. (2) “Evacuation zone” means any of the following: (A) An evacuation area or an area subject to an evacuation warning, as defined in Section 2470.1 of Title 19 of the California Code of Regulations. (B) One or more residential dwelling units in an area identified in subparagraph (A) that is damaged or destroyed by an earthquake, fire, flood, riot, or other natural or manmade disaster, for one year after the date an evacuation order or warning went into effect, regardless of whether the evacuation order or warning has been lifted, but does not include detached structures on the same property that are not dwelling units or are not otherwise usable for human habitation. (C) One or more residential dwelling units in an area identified in subparagraph (A) that is damaged or destroyed by an earthquake, fire, flood, riot, or other natural or manmade disaster, and is currently undergoing reconstruction, for up to three years after the date an evacuation order or warning went into effect, regardless of whether the evacuation order or warning has been lifted, but does not include detached structures on the same property that are not dwelling units or are not otherwise usable for human habitation. (3) “Local emergency” means conditions that, by reason of their magnitude, are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat. A “local emergency” shall exist from the time of the proclamation of the condition of the emergency by the local governing body until terminated pursuant to Section 8630 of the Government Code. (4) “Reconstruction” includes, but is not limited to, the time from initial debris removal through the issuance of the certificate of occupancy. (5) “State of emergency” means conditions that, by reason of their magnitude, are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat. A “state of emergency” shall exist from the time of the proclamation of the condition of the emergency until terminated pursuant to Section 8629 of the Government Code. (b) All of the following offenses when committed during and within an affected county in a “state of emergency” or a “local emergency,” or under an “evacuation order,” resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster are looting and, except as provided in subdivision (c), are punishable as follows: (1) A violation of Section 459, punishable as a second-degree burglary pursuant to subdivision (b) of Section 461, is punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170. (2) A violation of Section 487 or subdivision (a) of Section 487a, except grand theft of a firearm, is punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170. (3) Grand theft of a firearm, as defined in Section 487, is punishable by imprisonment in the state prison, as set forth in subdivision (a) of Section 489. (4) A violation of Section 488 is punishable by imprisonment in a county jail for six months. (c) All of the following offenses when committed during and within an evacuation zone are looting and, notwithstanding subdivision (b), are punishable as follows: (1) A violation of Section 459,

‹ Prev All California sections Next ›

Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.