If you have been arrested for theft, burglary, or trespassing in an area affected by a recent emergency, you are no longer facing standard charges. As of January 1, 2026, California has enacted a tougher version of Penal Code § 463.
Prosecutors are under pressure to crack down on “looting,” and the new definition is much broader than most people realize. You can now be charged with looting in areas under a simple “warning,” and for crimes committed years after a disaster has passed.
Committing the crime of grand theft during an emergency is one way to violate California looting law.
The New Reality: What Counts as “Looting”?
Under the new California law, “looting” isn’t just stealing televisions during a riot. The charge now applies if you are accused of burglary, grand theft, petty theft, or even trespassing with intent to steal during:
- A state or local emergency (earthquake, fire, flood, etc.),
- An active Evacuation Order, or
- An active Evacuation Warning (you can be charged even if the order was not mandatory).
The “Zombie Zone” Trap
The most dangerous part of this new law is the timeline. You can be charged with looting long after the smoke clears. The law now designates a special “Evacuation Zone” that applies to residential units:
- For 1 Year: After the order/warning is issued, even if it has been lifted.
- For 3 Years: If the home is undergoing reconstruction.
The Risk: If you enter a home being rebuilt from a fire that happened two years ago to take scrap metal, you could be charged with looting, not just petty theft.
Looting charges are often filed after an unlawful arrest during a riot.
Is looting a separate crime?
Yes, looting is not just an “enhancement” (like adding time to a sentence because a gun was used). It is a standalone “substantive offense” that California prosecutors charge instead of – or in addition to – standard burglary or theft.
Looting is a “compound” crime. To prove you are guilty of looting, the prosecutor must prove two things happened at the same time:
- The Underlying Crime: For example, you committed a burglary, shoplifting, or other theft-related misdemeanor or a felony; and
- The Circumstance: You did it during a state of emergency, local emergency, or evacuation order.
If they prove both, the crime transforms from the underlying theft offense to looting.
Can you be charged with both crimes?
Yes. California prosecutors will often file a complaint with the looting count and the underlying charge (such as burglary or theft). If the jury decides there was not enough proof of an “emergency” (for example, the Governor’s order had expired), they can still convict you of the underlying charge.
However, you cannot be punished for both. Under California’s “double punishment” law, you cannot be punished twice for the exact same physical act.
If you are convicted of both looting and the underlying charge for the same break-in, the judge will sentence you for the looting (the stricter one) and “stay” (pause) the sentence for the underlying charge. You do not serve double time.
Looting charges may also be filed for activities that take place during severe wildfires.
The Penalties: Mandatory Jail Time
The biggest threat to your freedom is the mandatory minimum sentence. Unlike standard theft charges where probation often means zero jail time, PC 463 ties the judge’s hands.
If you are convicted of looting and granted probation, you face the following penalties:
- Standard Offenses: You must serve at least 180 days in county jail.
- Petty Theft: You must serve at least 90 days in county jail.
- Theft from an Unlocked Car: Now punishable by up to 1 year in jail (overriding standard petty theft rules).
Example: If you break into a store to steal sneakers on a normal Tuesday, you are charged with second-degree burglary. You might get probation with zero jail time, or work release. Though if you break into that same store during a flood evacuation, you are charged with looting. If convicted, the judge cannot give you straight probation. You must serve at least 180 days in jail (unless the judge makes a special finding).
How We Defend You
Just because you have been charged does not mean you will be convicted. The new PC 463 is complex, and Shouse Law Group knows how to dismantle these cases using specific defenses found in the text of the new law.
1. The “Commercial Fraud” Defense – If you entered a business consensually to commit a “white collar” crime—like passing a bad check or using a stolen credit card—that is not looting. We can fight to get the charge reduced to standard fraud, avoiding the looting sentencing enhancements.
2. The “Detached Structure” Loophole – The harsh one-year and three-year extension rules apply specifically to residential dwelling units. If the alleged theft occurred in a detached shed, garage, or outbuilding that is not habitable, we can argue that the enhanced “Evacuation Zone” penalties do not apply.
3. Fighting for the “Interest of Justice” Waiver – If a conviction is unavoidable, we focus on saving you from the 180-day mandatory jail term. The law allows a judge to waive this jail time only if they put specific reasons on the record that it is in the “interest of justice.” We build a mitigation package to convince the judge that you deserve leniency, not a mandatory sentence.
4. Police Misconduct – Looting charges usually arise from arrests made during tense, chaotic situations. Sometimes police make arrests without probable cause to believe you were actually committing an offense. Sometimes you are the victim of mistaken identification. We use all available evidence to try to show that the police acted wrongly and that insufficient evidence exists to convict you of looting.
Under California looting law, a state of emergency can be declared by the Governor or a local governing body.
Related Crimes
PC 404 & 405 – Participating in a riot
“Rioting” is a separate crime under California Penal Code 404 PC.
Rioting is defined as acting together with one or more other people to use force or violence—or credibly threaten to use force or violence—to disturb the public peace.
If you are identified by police as a “ringleader” of a riot or other disturbance that involves violations of California’s looting laws, you may be charged with both rioting and looting.
Rioting is a misdemeanor. It carries a county jail sentence of up to one (1) year, and/or a fine of up to one thousand dollars ($1,000).
PC 594 – Vandalism
Penal Code 594 PC, California’s vandalism law, prohibits defacing, damaging, or destroying someone else’s property.
The penalties for California vandalism depend on the value of the property that is damaged. Vandalism is a misdemeanor if the value is less than four hundred dollars ($400)—but becomes a wobbler if the damage is worth $400 or more.
Unlike looting, vandalism does not carry a mandatory jail sentence—and it carries less of a stigma on a criminal record.
PC 602 – Criminal trespass
Penal Code 603 PC – California’s trespassing law prohibits entering another person’s property without permission to do so. In most cases, trespass is a misdemeanor.
PC 409.5 – Unauthorized entry into a closed area; sightseeing at an emergency
California’s law against unauthorized entry into a closed emergency area, Penal Code 409.5 PC, makes it a crime to enter an area that has been closed by law enforcement because of a disaster such as a flood, earthquake, accident, explosion, etc.
You are only guilty of this crime if you enter the area willfully and knowingly and remain there even after you have been asked to leave. Unauthorized entry into a closed area is a misdemeanor under Penal Code 409.5(c) PC.
A similar offense is Penal Code 402(a) PC – sightseeing at the scene of an emergency. This crime is charged against people who go to or stop at the scene of an emergency (whether the area is closed or not) and whose presence prevents emergency personnel from performing their duties. Sightseeing at an emergency is also a misdemeanor.
Rioting is a related offense to Penal Code 463 PC looting.
For questions about California’s looting laws, or to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact us at Shouse Law Group.
We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.
For more information on Nevada “looting” laws, please see our page on Nevada “looting” laws.
Legal References:
- Penal Code 463 PC – Looting during an emergency; punishment; probation; definitions; consensual entry.
(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, punishable as a first-degree burglary pursuant to subdivision (a) of Section 461, is punishable by imprisonment in the state prison for a term of two, four, or seven years.
(2) A violation of Section 459, punishable as a second-degree burglary pursuant to subdivision (b) of Section 461, is punishable pursuant to subdivision (h) of Section 1170.
(3) A violation of Section 487 or subdivision (a) of Section 487a, except grand theft of a firearm, is punishable pursuant to subdivision (h) of Section 1170.
(4) A violation of Section 602, with the intent to commit larceny, punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170.
(5) Notwithstanding Section 490.2, theft from an unlocked vehicle is punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170. This paragraph shall not preclude prosecution under any other provision of law.
(d) (1) A person convicted of an offense described in paragraph (1), (2), or (3) of subdivision (b) or an offense described in subdivision (c) who is granted probation shall, as a condition of probation, be confined in a county jail for at least 180 days, except that the court may, in a 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.
(2) In addition to whatever custody is ordered, the court may require any person granted probation following conviction under paragraph (1) of subdivision (b) to serve up to 240 hours of community service and may require any person granted probation following conviction of an offense described in paragraph (2) or (3) of subdivision (b) or an offense described in subdivision (c) to serve up to 160 hours of community service.
(3) A person convicted under paragraph (4) of subdivision (b) who is granted probation shall, as a condition of probation, be confined in a county jail for at least 90 days, except that the court may, in a 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 may require any person granted probation following conviction under this subdivision to serve up to 80 hours of community service.
(e) Consensual entry into a commercial structure with the intent to commit a violation of Section 470, 476, 476a, 484f, or 484g shall not be charged as a violation under this section.
(f) 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.
Labor Code 463.2. (a) In sentencing a person convicted of a violation of Section 463, the court may consider the fact, if pled and proven, that the defendant committed the crime while impersonating emergency personnel as a factor in aggravation in sentencing.
(b) For purposes of this section, the following terms have the following meanings:
(1) “Emergency personnel” means a peace officer, an officer or member of a fire department or a deputy state fire marshal, an employee of a public utility or district, state, county, city, or special district, a city and county officer or employee, an officer or member of a governmental agency-managed or -affiliated search and rescue unit or team, an officer or member of the Armed Forces of the United States, the California National Guard, the State Guard, the Naval Militia, the national guard of any other state, or any other reserve component of the Armed Forces of the United States, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(2) “Impersonating” means willfully wearing, exhibiting, or using of an authorized uniform, insignia, emblem, device, label, certificate, card, or writing of emergency personnel with the intent of fraudulently inducing the belief that they are emergency personnel.Labor Code 538i. (a) Any person, other than a first responder, who willfully wears, exhibits, or uses the uniform, insignia, emblem, device, label, certificate, card, or writing of a first responder with the intent of fraudulently impersonating a first responder in an area subject to an evacuation order or who willfully and credibly impersonates a first responder on an internet website, or by other electronic means, during an evacuation order or within 30 days of its termination, for purposes of defrauding another, shall be punished by either imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170 and by a fine not to exceed twenty thousand dollars ($20,000).
(b) For purposes of this section, the following terms have the following meanings:
(1) “Evacuation order” has the same meaning as in Section 463.
(2) “First responder” means a first responder as defined under Section 8562 of the Government Code, or any employee of the Federal Emergency Management Agency under Section 313 of Subchapter V of Chapter 1 of Title 6 of the United States Code.