Existing law defines looting as the commission of certain offenses during and within an affected county in a state of emergency or local emergency, as specified. Existing law includes any 2nd-degree burglary or grand theft in the definition of looting, and makes looting based on those offenses punishable by either imprisonment in a county jail for one year or as a felony. Existing law requires a person convicted of these looting offenses who is granted probation to be confined to the county jail for a minimum of 180 days, but provides discretion to the court to reduce or eliminate that mandatory jail sentence, as specified.
This bill would instead make the above-described offenses punishable only as a felony and would remove the court's discretion to reduce or eliminate the mandatory jail sentence for an individual who is granted probation. The bill would additionally expand the definition of looting to include the 180 days after the termination of a state of emergency or local emergency.
Existing law prohibits credibly impersonating a peace officer, firefighter, or employee of a state or local government agency, or a search and rescue team, as specified. A violation of these prohibitions is punishable as a misdemeanor.
This bill would make it a crime punishable as a misdemeanor or a felony for a person, other than a first responder to wear, exhibit, or use the uniform, insignia, emblem, device, label, certificate, card, or writing of a first responder with the intent of fraudulently impersonating a first responder within an area under an evacuation order, as specified. The bill would also make it a crime, punishable as a misdemeanor or a felony, to impersonate a first responder on the internet or by electronic means for the purpose of defrauding another, as specified.
Existing law, until January 1, 2029, defines the offense of aggravated arson, and defines the aggravating factors for the offense as: the person has been previously convicted of arson on one or more occasions within the past 10 years, the fire caused property damage and other losses in excess of $10,100,000, or the fire caused damage to, or the destruction of, 5 or more inhabited dwellings. Existing law, commencing January 1, 2029, deletes the aggravating factor of property damage and other losses in excess of $10,100,000 from the definition of aggravated arson.
This bill would state that it is the intent of the Legislature that amendments to the above-described dollar amounts are to be applied prospectively and shall not be interpreted to benefit any defendant who committed a crime or received a sentence before the effective date of the amendment.
Existing law defines the crime of burglary as entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony. Existing law clarifies that a structure designed for habitation is being used for dwelling purposes, if at the time of the burglary it was not occupied solely because a disaster caused the occupants to leave the premises.
This bill would specify that the fact that the structure entered has been damaged by a natural or other disaster shall not preclude conviction.
By creating a new crime and by increasing the punishment of specified crimes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Statutes affected:
03/25/25 - Amended Senate: 459 PEN, 459 PEN, 463 PEN, 463 PEN