California Penal Code 463 PC makes it the crime of looting to commit burglary or theft during a declared state of emergency, a local emergency, or an evacuation order. Looting carries harsher punishment than ordinary burglary or theft, including mandatory jail time if probation is granted. The penalties are highest when the crime happens inside an evacuation zone.
California rewrote its looting law through Assembly Bill 468, which Governor Newsom signed in October 2025 in the wake of the January 2025 Los Angeles County wildfires. The new version of Penal Code 463 took effect on January 1, 2026. It added first-degree burglary, trespass, and theft from vehicles to the law, created a separate category for crimes committed in evacuation zones, and increased the penalties for those offenses.
What Is Looting Under Penal Code 463?
Looting is not a stand-alone crime. It is an existing theft or burglary offense that becomes looting because of when and where it happened. Under PC 463, the following offenses can be charged as looting when they are committed during, and within the area affected by, a state of emergency, local emergency, or evacuation order:
- Second-degree (commercial) burglary under Penal Code 459
- Grand theft under Penal Code 487, including grand theft of a firearm
- Petty theft under Penal Code 488
Inside an evacuation zone, the law also covers residential burglary (burglary in the first degree), trespassing with the intent to steal under Penal Code 602, and theft from an unlocked vehicle. The emergency must result from a natural disaster or one caused by people, such as a wildfire, earthquake, flood, or riot. A state of emergency is proclaimed by the Governor. A local emergency is proclaimed by a city or county governing body. An evacuation order can be issued by the Governor, a county sheriff, a chief of police, or a fire marshal.
What Counts as an Evacuation Zone?
Under the 2026 law, an evacuation zone includes areas under an evacuation order and areas under an evacuation warning. It also includes homes in those areas that were damaged or destroyed by the disaster. Those homes stay inside the evacuation zone for one year after the evacuation order, and for up to three years if they are being rebuilt. A theft from a burned property can still be looting long after the fire is out.
What the Prosecution Must Prove
To convict you of looting under Penal Code 463, the prosecutor must prove beyond a reasonable doubt that:
- You committed one of the qualifying offenses, such as burglary, grand theft, petty theft, or, within an evacuation zone, trespass with intent to steal or theft from a vehicle.
- A state of emergency, local emergency, or evacuation order was in effect at the time.
- The offense happened inside the affected county, or inside the evacuation zone for the more serious charges.
Damage to a building from the disaster is not a defense. The law states that a structure being partly or fully destroyed does not prevent a burglary or looting conviction.
Penalties for Looting in California
Looting During a Declared Emergency
- Commercial burglary or grand theft: A wobbler, meaning it can be charged as a misdemeanor with up to one year in county jail, or as a felony with 16 months, two years, or three years in county jail under Penal Code 1170(h).
- Grand theft of a firearm: A felony punishable by state prison.
- Petty theft: A misdemeanor punishable by up to six months in county jail.
Looting Inside an Evacuation Zone
- Residential (first-degree) burglary: A felony punishable by two, four, or seven years in state prison.
- Commercial burglary or grand theft: A felony punishable by 16 months, two years, or three years under Penal Code 1170(h).
- Trespass with intent to steal: Up to one year in county jail, or a felony sentence under Penal Code 1170(h).
- Theft from an unlocked vehicle: Up to one year in county jail, or a felony sentence under Penal Code 1170(h), regardless of the value of the property taken.
Mandatory Jail Time and Community Service
Looting carries mandatory jail time even when probation is granted. For most looting offenses, a judge who grants probation must order at least 180 days in county jail. For looting based on petty theft, the minimum is 90 days. A judge can reduce or remove this requirement only in the interest of justice and must state the reasons on the record.
The court may also order community service as a condition of probation: up to 240 hours for commercial burglary during an emergency, up to 160 hours for grand theft or any evacuation zone offense, and up to 80 hours for petty theft.
Looting vs. Regular Burglary and Theft
The same act can carry very different consequences depending on whether an emergency is in effect. Taking items worth less than $950 from a store is normally petty theft. Taking the same items during a declared emergency can be charged as looting with a 90-day minimum jail term if probation is granted. Inside an evacuation zone, a residential burglary that would normally carry two, four, or six years in prison carries two, four, or seven years.
The law does have limits. Entering a business that is open to the public with the intent to commit theft, forgery, or certain fraud offenses is not charged as looting under this section. Looting charges are often filed alongside related offenses, such as possession of burglary tools or receiving stolen property.
Legal Defenses to Looting Charges
Disasters create confusion, and arrests made during an emergency are often based on assumptions. Common defenses to PC 463 charges include:
- No intent to steal: Burglary and theft require intent. Entering a building to find shelter, help someone, or check on property is not looting.
- You had permission or a right to be there: Returning to your own home, or retrieving items for a neighbor or family member with their consent, is not a crime.
- No emergency was in effect: If the offense happened before the emergency was declared, after it ended, or outside the affected area or evacuation zone, it cannot be charged as looting.
- Mistaken identity: Smoke, darkness, and crowds make eyewitness identification unreliable during disasters.
- Value of the property: Whether the theft was grand or petty depends on value. Challenging the value can reduce the charge and the penalty.
- Unlawful search or arrest: Evidence obtained through an illegal stop or search can be suppressed, even during an emergency.
Charged With Looting in Los Angeles? Talk to a Criminal Defense Attorney
A looting charge can turn a theft case into a felony with mandatory jail time, and the new evacuation zone penalties make these cases more serious than ever. With over 20 years of experience defending theft and burglary cases in Los Angeles County, Attorney Arash Hashemi will review whether an emergency was legally in effect, challenge the evidence against you, and fight to reduce or dismiss the charges. Contact our office today to schedule a free, confidential consultation.
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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.
