California Petty Theft; Penal Code (PC) 488 Petty theft in California is the crime of larceny if the accused takes possession of someone else’s property without that person’s permission and takes the property (valued at $400 or less) for a duration long enough that the owner would have been denied its value or enjoyment. The petty theft charge is also…

Penal Code 647(j)4 is a California statute that makes revenge porn a criminal offense. PC 647j4 is a misdemeanor which makes posting of sexually explicit images or videos of a person online, without permission/consent. And in doing so causes the person to suffer serious emotional distress. Explicit images mean pictures of private parts such as breast, genitals and/or or anus. Defenses: no intentional distribution,…

Lewd acts or lewd conduct are listed under section 647 of the California Penal Code.  PC647(a) states that, “An individual who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.” What is considered LEWD? It’s any conduct that involves…

California law defines Penal Code 314, Indecent Exposure, as: “PC 314 Every person who willfully and lewdly, either: Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or… Procures, counsels, or assists any person so to expose himself or take part in…

In the State of California, local police and prosecutors are firmly enforcing the criminal laws to cut down on the level of prostitution and solicitation for prostitution in order to appease business owners and residents in areas where sex workers and “Johns” are engaging in solicitation for prostitution in public.  As explained below, California Penal Code 647(b) defines solicitation for prostitution…

The legal definition of sodomy is sexual contact that takes place between the penis of one person and the anus of another. A violation of this law is a serious felony which can lead to years in state prison. Penal Code 286 is a California statute that makes sodomy a crime in certain situations, such as when an adult commits it with a minor or by…

California Penal Code 261 defines the crime of rape as using force, threats, or fraud to have sexual intercourse with another person without consent. Rape is a felony punishable by up to 8 years in state prison. Under Megan’s Law, a conviction also requires lifetime registration on a national sex offender registry. Intercourse is defined as penile penetration of vagina, however slight. The following acts constitute rape under PC 261. These include non-consensual…

What are Romeo and Juliet Laws? Laws that could be considered statutory rape because one party is a minor can be mitigated to a lesser charge of “unlawful intercourse” under Penal Code 261.5. This is the charge of having sex with a minor when the age difference is usually less than three years. It is like when two high school sweethearts…

California Penal Code section 484(e) makes it a crime to steal a credit or debit card, or a party’s credit card or debit card information. This is a wobbler; can be charged as a misdemeanor or a felony. This code section is one of many credit card fraud statutes in California. Defenses: You did not intend to defraud, You did not…

“Grand Theft Auto” is defined in California statute Penal Code 487(d)(1). This section makes it a crime to take someone else’s vehicle, worth $950 or more, without permission, and with the intent to deprive the true owner of the vehicle. It can be charged as a misdemeanor or a felony. There are two types of vehicle theft Grand theft auto, and The unlawful taking or driving of…