Penal Code §463
(a) Every person who violates Section 459, punishable as a second-degree burglary pursuant to subdivision (b) of Section 461, during and within an affected county in a “state of emergency” or a “local emergency” resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster shall be guilty of the crime of looting, punishable by imprisonment in a county jail for one year or in the state prison. Any person convicted under this subdivision who is eligible for probation and who is granted probation shall, as a condition thereof, be confined in a county jail for at least 180 days, except that the court may, in the case where the interest of justice would best be served, reduce or eliminate that mandatory jail sentence, if the court specifies on the record and enters into the minutes the circumstances indicating that the interest of justice would best be served by that disposition. In addition to whatever custody is ordered, the court, in its discretion, may require any person granted probation following conviction under this subdivision to serve up to 240 hours of community service in any program deemed appropriate by the court, including any program created to rebuild the community.
For purposes of this section, the fact that the structure entered has been
damaged by the earthquake, fire, flood, or other natural or manmade disaster
shall not, in and of itself, preclude conviction.
(b) Every person who commits the crime of grand theft, as defined in Section
487, except grand theft of a firearm, during and within an affected county
in a “state of emergency” or a “local emergency”
resulting from an earthquake, fire, flood, riot, or other natural or unnatural
disaster shall be guilty of the crime of looting, punishable by imprisonment
in a county jail for one year or in the state prison. Every person who
commits the crime of grand theft of a firearm, as defined in Section 487,
during and within an affected county in a “state of emergency”
or a “local emergency” resulting from an earthquake, fire,
flood, riot, or other natural or unnatural disaster shall be guilty of
the crime of looting, punishable by imprisonment in the state prison,
as set forth in subdivision (a) of Section 489. Any person convicted under
this subdivision who is eligible for probation and who is granted probation
shall, as a condition thereof, be confined in a county jail for at least
180 days, except that the court may, in the case where the interest of
justice would best be served, reduce or eliminate that mandatory jail
sentence, if the court specifies on the record and enters into the minutes
the circumstances indicating that the interest of justice would best be
served by that disposition. In addition to whatever custody is ordered,
the court, in its discretion, may require any person granted probation
following conviction under this subdivision to serve up to 160 hours of
community service in any program deemed appropriate by the court, including
any program created to rebuild the community.
(c) Every person who commits the crime of petty theft, as defined in Section 488, during and within an affected county in a “state of emergency” or a “local emergency” resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster shall be guilty of a misdemeanor, punishable by imprisonment in a county jail for six months. Any person convicted under this subdivision who is eligible for probation and who is granted probation shall, as a condition thereof, be confined in a county jail for at least 90 days, except that the court may, in the case where the interest of justice would best be served, reduce or eliminate that mandatory minimum jail sentence, if the court specifies on the record and enters into the minutes the circumstances indicating that the interest of justice would best be served by that disposition. In addition to whatever custody is ordered, the court, in its discretion, may require any person granted probation following conviction under this subdivision to serve up to 80 hours of community service in any program deemed appropriate by the court, including any program created to rebuild the community.
(d) (1) For purposes of this section, “state of emergency”
means conditions which, 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.
(2) For purposes of this section, “local emergency” means conditions
which, 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.
(3) For purposes of this section, 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. For
purposes of this section only, 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) Consensual entry into a commercial structure with the intent to commit
a violation of Section 470, 476, 476a, 484f, or 484g of the Penal Code,
shall not be charged as a violation under this section. [Amended by Stats.
2009, 3rd Ex. Sess., Ch. 28, Sec. 12. Effective January 25, 2010]
PEN §464.
Any person who, with intent to commit crime, enters, either by day or by night, any building, whether inhabited or not, and opens or attempts to open any vault, safe, or other secure place by use of acetylene torch or electric arc, burning bar, thermal lance, oxygen lance, or any other similar device capable of burning through steel, concrete, or any other solid substance, or by use of nitroglycerine, dynamite, gunpowder, or any other explosive, is guilty of a felony and, upon conviction, shall be punished by imprisonment in the state prison for a term of three, five, or seven years. [Amended by Stats. 1978, Ch. 579]