Last Updated on January 14, 2025
Some people may rush in to help in an emergency, while others attempt to flee. However, some people take advantage of dangerous situations by stealing other people’s property while they’re distracted. During the 2025 fires in Los Angeles, some looters even went so far as to dress like California firefighters to gain access to the homes of people who were forced to evacuate. Stealing during a state of emergency is known as looting and is considered a more serious crime than traditional theft. Penal Code 463 (PC) applies whether the havoc is caused by a human-made situation, like a riot, or a natural disaster, like a wildfire or earthquake. Here’s what San Diego criminal defense attorney Peter M. Liss believes the public should understand about the state’s looting laws.
What is Looting?
“Looting, defined under Penal Code 463 (PC),” says Liss, “is essentially any theft that occurs during an emergency.” The law specifically prohibits burglary, grand theft, and petty theft, during a natural or manmade emergency. These emergencies can be declared at the national, state, or local level. The inclusion of burglary means someone need not actually steal anything as long as they illegally entered a property intending to commit a felony or theft.
What is the Penalty for Looting in California?
Looting is generally looked down upon more than other forms of theft, as it involves taking advantage of the public’s fear and the natural chaos of a dangerous situation for personal gain. In California, the charge carries essentially the same penalties as other theft charges. The only significant difference between looting and standard theft is that looting carries a minimum sentence, while other theft crimes don’t.
When the underlying crime is a felony, then looting is charged as a felony. Otherwise, it is charged as a misdemeanor. For example, if less than $950 worth of items were looted from a store, the charge would be a misdemeanor because this would otherwise be considered petty theft.
California uses an aggregate total from all thefts. So, for example, if someone broke into multiple homes over the course of three days during a massive fire, the charges would be based on the value of everything they stole, not just the items taken from one home or in one day.
While the severity of the charges and maximum penalties are the same as other forms of burglary and theft, looting charges have minimum penalties in place. Here are the minimum and maximum penalties for those charged under 463 (PC):
| Type of Offense | Minimum Sentence | Maximum Sentence |
| Most Petty Thefts | 90 Days in Jail | 6 Months in Jail |
| Petty Theft With Two Theft Priors | 180 Days in Jail | 3 Years in Prison |
| Misdemeanor Burgarly or Grand Theft | 180 Days in Jail | 1 Year in Jail |
| Felony Burglary or Grand Theft | 180 Days in Jail | 3 Years in Prison |
Additional Consequences
In California, theft and property damage valued at $50,000 or more can add an additional year to a looting sentence. Another year can be added at each interval of over $200,000, $1,000,000, and $3,000,000 in theft or property damage, up to four years. This amount is aggregate, so if it is spread over multiple incidents, it is still counted together. A San Diego looting attorney can be critical in helping to convince the judge not to apply these enhancements in your case.
Aside from high-value enhancements, looting is also considered a crime of moral turpitude under California law. As a crime of moral turpitude, those convicted may face immigration consequences or lose their professional licenses.
Fighting the Charges
Your lawyer can use many different defense strategies to fight a looting charge. For example, if you looted a store for materials needed to survive, your lawyer could argue that you only did what was necessary during an emergency. Similarly, if you trespassed into a property to escape a dangerous storm, you would not be guilty of burglary because you did not do so to commit a felony or theft. Alternatively, if you borrowed something you needed from your neighbors without asking, it may not be a crime if you intended to repay them or return it.
Additionally, because looting cases often occur during times of extreme chaos, mistaken identity is a common problem in these cases. During wildfires or a riot, it’s easy to see how a layer of smoke or tear gas could impair a witness’ ability to correctly identify a suspect.
Even if you were caught in the act red-handed, a criminal defense attorney can still make a drastic difference in your case. Your best option may be to work with the prosecution to negotiate a plea bargain or participate in a diversion program. Sometimes, an attorney can convince the DA to file the charges as a misdemeanor, allowing the defendant to enter a diversion program. Diversions are often the best option for those facing misdemeanor charges, as they allow you to avoid incarceration and maintain a clean criminal record.
Sometimes, it can help to have your defense attorney debate the value of the property. You could face dramatically lower sentencing if the stolen items were worth less than $950.
Your defense attorney can also convince the judge to waive the mandatory penalty for looting. This will allow you to avoid the minimum sentencing guidelines. Alternatively, a judge may sentence you to probation rather than jail.
Examples of Looting Crimes
California looting laws can be complex. Here are some examples of this crime to help you understand how the charges may be filed:
- Thomas sees a department store’s window was shattered after a major earthquake. He enters the shop and take designer clothes to sell on the black market. He could be charged with petty or grand theft looting, depending on the value of the items. If he steals from more than one store over the next few days, the value will be based on all thefts.
- Chelsea knows her ex-boyfriend evacuated during a wildfire, so she breaks into his home. While there, she breaks his saltwater fish tank and pours bleach over his expensive rugs. Because she entered the home to commit felony-level vandalism, she could be charged with burglary with a looting enhancement.
- Sam sees her neighbors across the hall flee when there is a bomb threat in her apartment. Before leaving the building, she enters the neighbor’s apartment. She is caught by the police before leaving. She could be charged with burglary with a looting enhancement for entering the home intending to take the jewelry.
- Francis breaks into the local sporting goods store during a flood. He takes a kayak, a paddle, and some clean water. Because he only took items necessary to survive the emergency, he would not be guilty of a crime.
Related Charges
Many of those charged under 463 (PC) also face other criminal charges. Some of the most common offenses charged in these situations include:
- trespassing
- unauthorized entry into an emergency area
- unlawful assembly
- failure to disperse
- rioting
- disturbing the peace
- vandalism
- arson
A skilled defense attorney can help you fight any other criminal offenses you may be accused of.
Frequently Asked Questions
Can I Shoot a Looter Entering My Home During an Emergency?
Yes, under the Castle Doctrine, you can protect your home using lethal force because home invasions are such serious and dangerous situations. However, you can be charged with murder if you kill someone seeking emergency aid who was on your property and had not broken into your home. If you genuinely believed you were in immediate danger, you could argue imperfect self-defense and the charges would be reduced to manslaughter.
Naturally, the best solution is to ensure someone presents a threat to you or your family before opening fire.
Has California Decriminalized Looting?
No. Just as the state never decriminalized shoplifting, this is a lie used to paint state leaders as overly soft on crime. Governor Newsom even addressed this spread of misinformation by writing on X, “Stop encouraging looting by lying and telling people it’s decriminalized. It’s not. It’s illegal – as it always has been. Bad actors will be arrested and prosecuted.”
When to Call a San Diego Looting Lawyer
If you have any questions about looting laws in California or have been accused of any form of theft, whether or not it took place during an emergency, Peter M. Liss can help. Please contact his offices at (760) 643-4050 to schedule a free consultation to discuss your case.
