Penal Code 463 PC is the California statute that defines the crime commonly referred to as “looting.” 463 PC states that:
“…Every person who violates Section 459, punishable as a second-degree burglary…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.”
The penalties for looting depend on the specific form of the crime one is alleged to have committed.
The potential misdemeanor sentence for these forms of looting is one (1) year in county jail. The potential felony sentence is sixteen (16) months, two (2) years or three (3) years in custody.
And for either looting by burglary or looting by grand theft, there is a minimum jail sentence of one hundred eighty (180) days.4
Looting by petty theft is always a misdemeanor. The potential sentence is at least ninety (90) days and up to six (6) months in county jail.5