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Criminal law and procedure of California including the penal code of California online

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property to him, is guilty of larceny.

81 Cal. 137: 95 Cal 230.

Grand and petit larceny.

486. Larceny is divided into two degrees, the first of which is
termed grand larceny; the second, petit larceny.

66 Cal. 185; 67 Cal. 351; 86 Cal. 240; 112 Cal. 339.

Grand larceny defined.

487. Grand larceny is larceny committed In either of the fol-
lowing cases:

1. When the property taken Is ol» a value exceeding fifty dol-
lars.

2. When the property Is taken from the person of another.

3. When the property taken Is a bicycle, horse, mare, gelding,
cow, steer, bull, calf, mule, jack, or Jenny. [Stats. 1901, p. 290.]

49 Cal. 68; 56 Cal. 80; 59 Cal. 392; 61 Cal. 477;
62 Cal. 52; 62 Cal. 142; 66 Cal. 17; 66 Cal. 186;

67 Cal. %1: 80 Cal. 51; 90 Cal. 572; 100 Cal. 489;
114 Cal. 110; 116 Cal. 684; 120 Cal. 667.

Petit larceny.

488. Larceny In other cases is petit larceny.

64 Cal. 404; 67 Cal. 352; 86 Cal. 240; 112 Cal. 339;
116 Cai. 584.

Punishment of grand larceny.

489. Grand larceny is punishable by * imprisonment In the
state prison for not less than one nor more than ton years.

61 Cal. 135; 64 Cal. 252; 65 Cal. 299.

Punishment of petit larceny.

490. Petit larceny Is punishable by fine not exceeding five
hundred dollars, or by imprisonment in the county Jail not
exceeding six months, or both.

64 Cal. 341; 66 Cal. 186; 73 Cal. 444; 109 Cal. 286.

Dogs property.

491. Dogs are personal property, and their value Id to be
ascertained in the same manner as the value of other property.
[Amendment approved March 15, 1887; Stats. 1887, p. 131. In
effect March 15, 1887. Act provides for amending section 491
of the Civil Code in the body of the act, but in the title reads
"Penal Code."]

80 Cal. 649.

Larceny of written instruments. •

492. If the thing stolen consists of any evidence of debt, or
other written instrument, the amount of money due thereupon,
or secured to be paid thereby, and remaining unsatisfied, or
which in any contingency might be collected thereon, or the
value of the property the title to which is shown thereby, or the
sum which might be recovered In the absence thereof, is the
value of the thing stolen.

90 Cal. 578.

Value of passage ticlcets.

493. If the thing stolen Is any ticket or other paper or writ-



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49^499 PENAL OODB. 57fr

ing entitling or purporting to entitle the holder or proprietor
thereof to a passage upon any railroad or vessel or other pub-
lic conveyance, the price at which tickets entitling a person to m
like passage are usually sold hy the proprietors of such con-
veyance is the value of such ticket, paper, or writing.

Written instruments completed but not delivered.

494. All the provisions of this chapter apply where the prop-,
erty taken is an instrument for the payment of money, evidence
of debt, public security, or passage ticket, completed and ready-
to be issued or delivered, although the same has never been
issued or delivered by the makers thereof to any person as a
purchaser or owner.

Severing and removing part of the realty.

495. The provisions of this chapter apply where the thing
taken is any fixture or part of the realty, and is severed at the
time of the taking, in the same manner as if the thing had been,
severed by another person at some previous time.

Receiver of stolen property.

496. Every person who, for his own gain, or to prevent the
owner from again possessing his property, buys or receives any
personal property, knowing the same to have been stolen, is
punishable by imprisonment in the state prison not exceeding
five years, or in the county jail not exceeding six months, or by
both; and it shall be presumptive evidence that such property
was stolen, if the same consists of jewelry, silver, or plated
ware, or articles of personal ornament, if purchased or received
from a person under the age of eighteen, unless such property
is sold by said minor at a fixed place of business carried on by
said minor or his employer. [Amendment approved February
28, 1874; Amendments 1873-4, p. 464. In effect February 28,
1874.1

S9 Cal. 459; SO Cal. 573; 94 Cal. 574.

Larceny, and receiving stolen property out of the stata.

497. Every person who, in another state or country, steals the
property of another, or receives such property knowing It to
have been stolen, and brings the same into this state, may be
convicted and punished in the same manner as if sucli larceny or
receiving had been committed in this state.

90 Cal. 573; 91 Cal. 27; 122 Cal. 74.

Stealing gas.

498. Every person who, with intent to injure or defraud,
makes or causes to be made any pipe, tube, or other Instru-
ment, and connects the same, or caug^s it to be connected, with
any* main, service-pipe, or other pipe for conducting or supply-
ing illuminating gas, in such manner as to supply illuminating
gas to any burner or orifice, by or at which illuminating gas Is
consumed, around or without passing through the meter pro-
vided for the measuring and registering the quantity consumed,
or in any other manner so as to evade payment therefor, and
every person who, with like intent, injures or alters any gas
meter or obstructs its action, is guilty of a misdemeanor.

Stealing water.

499. Every person who, with intent to injure or defraud, con-
nects or causes to be connected, any pipe, tube, or other instni-



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677 LARCENY. 498a-50$Ji

ment, with any main, service-pipe, or otlier pipe, or conduit or
flume for conducting water, for the purpose of taking water
from such main, service-pipe, conduit or flume, without the
knowledge of the owner thereof, and with intent to evade pay-
ment therefor, is guilty of a misdemeanor.

66 Cal. 215.

Stealing electricity a misdemeanor.

499a. Every person who, with intent to injure or defraud,
shall unlawfully connect, or procure another to connect, with
any electric apparatus or any electric wire, operated by any
person, persons or corporation authorized to generate, transmit,
and sell electric current, without the knowledge and consent
of such person, persons, or corporation operating such appar-
atus or wires, for the purpose of appropriating electric current
for light, power, heat, or other use, and to evade payment
therefor, or who shall, with like intent, injure or alter, or who
shall procure to be injured or altered, any electric meter or
obstruct its working, or who shall procure the same to be
maliciously tampered with and injured, shall be deemed guilty
of a misdemeanor. [Stats. 1901, p. 20.]

Larceny of goods saved from fire in San Francisco.

500. Every person who, in the city and county of San Fran-
cisco, saves from fire or from a building endangered by flre,
any property, and for two days thereafter corruptly neglects to
notify the owner or fire marshal thereof, is punishable by impris-
onment in the state prison for not less than one nor more than
ten years.

Purchasing or receiving in pledge junk, etc.

501. Every person who purchases or receives in pledge or by
way of mortgage from any person under the age of sixteen
years any Junk, metal, mechanical tools, or implements, IB
guilty of a misdemeanor. [fJew section approved March 28, 1872;
Amendments 1871-2, p. 684. Took effect with the Code.]

Removal of mortgaged property.

502^. Every person who, after mortgaging any real property,
and during the existence of such mortgage, or after such mort-
gaged property shall have been sold under an order and decree
of foreclosure, and with intent to defraud or injure the mort-
gagee, his representatives, successors, or assigns, or the pur-
chaser of such mortgaged premises at such foreclosure sale, his
representatives or assigns, takes, removes, or carries away from
such mortgaged premises, or otherwise disposes of, or permits
the taking, removing, or carrying away, or otherwise disposing
of, any house, barn, windmill, or water-tank, upon or affixed to
such premises as an improvement thereon, without the written
consent of the mortgagee, his representatives, successors, or
assigns, or the purchaser at such foreclosure sale, his representa-
tives or assigns, is guilty of larceny, and shall be punished
accordingly. [New section approved March 26, 1895; Stats. 1895.
p. 77. In effect March 26, 1895.]



CRIIMC8 - 37



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503-507 PEHALCODB. 678

CHAPTER VI.
EMBEZZLEMENT.

Sec. 503. "EinbeMlement" defined.

504. When officer, etc., guilty of embezElement.

505. Carrier, when guilty of embeMlement.

506. When trustee, banker, etc., guilty of embezslement

507. When bailee, tenant, or lodger guilty of embezzlement.

508. When clerk, agent, or servant guilty of embezzlement.

509. Distinct act of taking.

510. Evidence of debt undelivered a subject of embezzlement

511. Claim of title a ground of defense.

512. Intent to restore the property Is no defense.

513. Actual restoration a ground for mitigation of punishment.

514. Punishment for embezzlement.

"Embezzlement" defined.

503. Embezzlement is tie fraudulent appropriation of prop-
erty by a person to whom It has been intrusted.

61 Cal. 136; 6» Cal. 237; 77 Cal. #9; 92 Cal. 586;
91 Cal. 269: 100 Cal. 468; 108 Cal. 646; 130 Cal.
» 694; 124 Cal. 453; 188 Cal. 280; 133 Cal. 329.

When officer, etc., guilty of embezzlement.

504. Every officer of this state, or of any county, city, city
and county, or other municipal corporation or subdivision
thereof, and every deputy, clerk, or servant of any such officer,
and every officer, director, trustee, clerk, servant, or agent of any
association, society, or corporation, (public or private) who
fraudulently appropriates to any use or purpose not in the due
and lawful execution of his trust, any property which he has
in his possession or under his control by virtue of his trust, or
secretes it with a fraudulent intent to appropriate it to such use
or purpose, is guilty of embezzlement. [Amendment approved
April 6, 1880; Amendments 1880, p. 8. In effect April 6, 1880.]

66 Cal. 274; 68 Cal. 287; 82 Cal. 586; 106 Cal.
312; 108 Cal. 541; 124 Cal. 453.

Carrier, when guilty of embezzlement.

505. Every carrier or other person having under his control
personal property for the purpose of transporation for hire, who
fraudulently appropriates it to any use or purpose inconslBtent
with the safe-keeping of such property and its transporation
according to his trust, is guilty of embezzlement, whether he
has broken the package in which such property is contained, or
has otherwise separated the items thereof, or not

When trustee, banker, etc., guilty of embezzlement.

506. Every trustee, banker, merchant, broker, attorney, agent,
assignee in trust, executor, admin i$|^rator, or collector, or per^
son otherwise intrusted with or having in his control property
for the use of any other person, who fraudulently appropriatee
it to any use or purpose not in the due and lawful execution of
his trust, or secretes it with a fraudulent intent to appropriate
it to such use or purpose, is guilty of embezzlement

69 Cal. 237; 116 Cal. 890.

When bailee, tenant, or lodger guilty of embezzlement

507. E^rery person intrusted with any property as bailee, ten-
ant, or lodger, or with any power of attorney for the sale or
transfer th^eof, who fraudulently converts the same or the



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579 EMBEZZLEMENT. 508-5 1 4

proceeds thereof to his own use, or secretes it or them with
a fraudulent intent to convert to his own use, is guilty of embez-
zlement.

51 Cal. 879; 71 Cal. 389; 77 Cal. 563; 183 Cal.
829.

When clerk, agent, or servant guilty of embezzlement.

508. Every clerk, agent, or servant of any person who fraud-
ulently appropriates to his own use, or secretes with a fraud-
ulent intent to appropriate to his own use, any property of
another which has come into his control or care by virtuei of his
employment as such clerk, agent, or servant, is guilty of embez-
zlement

66 Cal. 345; 69 Cal. 237; 71 Cal. 391; 77 Cal. 182;
77 Cal. 663; 100 Cal. 468.

Distinct act of taking.

509. A distinct act of taking is not necessary to constitute
embezzlement.

Evidence of debt undelivered a subject of embezzlement.

510. Any evidence of debt, negotiable by delivery only, and
actually executed, is the subject of embezzlement, whether it
has been delivered or issued as a valid instrument or not.

Claim of title a ground of defense.

511. Upon any indictment for embezzlement. It is a sufficient
defense that the property was appropriated openly and avowedly,
and under a claim of title preferred in good faith, even though
such claim is untenable. But this provision does not excuse the
unlawful retention of the property of another to offset or pay
demands held against him.

77 Cal. 562; 120 Cal. 28.

Intent to restore the property Is no defense.

512. The fact that the accused intended to restore the prop-
erty embezzled, is no ground of defense or of mitigation of pun-
ishment, if it has not been restored before an information has
been laid before a magistrate, charging the commission of the
offense.

Actual restoration a ground for mitigation of punishment.

513. Whenever, prior to any information laid before a magis-
trate, charging the commission of embezzlement, the person
accused voluntarily and actually restored or tenaered restora-
tion of the property alleged to have been embezzled, or any part
thereof, such fact is not a ground of defense, but it authorizes
the court to mitigate punishment, in its discretion.

80 Cal. 56.

Punishment for embezzfement.

514. Every person guilty of embezzlement is punishable In
the manner prescribed for feloniously stealing property of the
value of that embezzled; and where the property embezzled Is
an evidence of debt or right of action, the sum due upon it or
secured to be paid by It, shall be taken as its value; provided,
that if the embezzlement or defalcation be of the public funds
of the United States, or of this state, or of any 'bounty, city and
and county, or municipality within this state, the offense is a
felony, and shall be punishable bv Imprisonment in the state
prison not less than one year nor more than ten years; and the
person so convicted shall be ineligible thereafter to any office of



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618-523 PENAL CODE. 5S0

honor, trust, or profit under this state. [Amendment approyed
April 6, 1880; Amendments 1880, p. 8. In effect April 6, 1880.1

61 Cal. 136: 91 Cal. 273; 94 Cal. 375; 116 Cal.
386.



CHAPTER VII.
EXTORTION.

Sec. 518. "Extortion" defined.

519. What threats may constitute extortion.

520. Punishment of extortion in certain cases.

521. "Extortion committed under color of official right.

522. Obtaining signature by means of threats.

523. Sending threatening letters with intent to extort.

524. Attempts to extort by means of verbal threats.

525. Officers of railroad companies making overcharges.

"Extortion" defined.

518. Extortion is the obtaining of property from another, with
his consent, induced by a wrongful use of force or fear, or under
color of official right.

81 Col. 277; 93 Cal. 456; 123 Cal. S22; 126 Cal. 367;

What threats may constitute extortion.

519. F^r, such as will constitute extortion, may be induced
by a threft, ^ftf^-

1. To do aS*^Jb^l injury to the person or property of the
individual threaten^^/g|to any relative of his, or member of
his family; or. ^CTv^

2. To accuse him. or any ^OVtf ^^ ^^^* ^^ members of his
family, of any crime; or, ^w^

3. To expose, or impute to him or them any deformity or
disgrace; or,

4. To expose any secret affecting him or them.

57 Cal. 563: 63 Cal. 491; 81 Cal. 277; 95
Cal. 641; 123 Cal. 523; 126 Cal 367.

Punishment of extortion in certain cases.

520. Every person who extorts any money or other property
from another, under circumstances not amounting to robbery,
by means of force, or any threat, such as is mentioned in the
preceding section, is punishable by imprisonment in the state
prison not exceeding five years.

SI Cal. 279.

Extortion committed under color of official right.

521. Every person who commits any extortion under color of
official . right, in cases for .which a different punishment is not
prescribed in this code, is guilty of a misdemeanor.

Obtaining signature by means of threats.

522. Every person who, by any extortionate means, obtains
from another his signature to any paper or Instrument, whereby,
if such signature were freely given, any property would be trans-
ferred, or any debt, demand, charge, or rigni of action created,
is punishable in the same manner as if the actual delivery of
such debt, demand, charge, or right of action were obtained.

Sending threatening letter^ with intent to extort.

523. Every person who, with intent to extort any money or
other property from another, sends or delivers to any person
any letter or other writing, whether subscribed or not, expre»-



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581 BXTORTIOK-^VALSIB lUIRSONATION. 524-680

slog or implying, or adapted to imply, any threat such as l8
apeoifled in section 519, is punishable in the same manner as if
auch money or property were actually obtained by means ot such
threat

81 Cal. 278; 95 Cal. Wl.

Attempts to extort by means of verbal threats.

524. Every person who unsuccessfully attempts, by means of
any verbal threat, such as is specified in section 519, to extort
money or other property from another, is guilty of a misde-
meanor.

63 Cal. 491; 123 Cal. 523.

Officers of railroad companies making overcharges.

525. Every officer, agent, or employee of a railroad company
who asks or receives a greater sum than is allowed by law for
the carriage of passengers or freight, is guilty of a misdemeanor.

CHAPTER VIII.

FALSE PERSONATION AND CHEATS. .

Sec. 528. Marrying under false personation.

529. Falsely personating another in other cases.

531). Receiving property in a false character.

5.31. Fraudulent conveyances.

582. Obtaining money by false pretenses.

5:w. Selling land twice.

534. Married person selling land under false representation.

535. Mock auction.

536. Consignee,! false statement by.

537. Defrauding Inn or boarding-house. ^
.537. Removal of mortgaged chattels.

537i. Fraudulent registration of cattle.

538. Further Incumbrance or sale.

538i. Misrepresentation of newspaper clrculatloa

Marrying under false personation.

528. Every person who falsely personates another, and in such
assumed character marries or pretends to marry, or to sustain
the marriage relation towards another, with or without the con-
nivance of such other, is guilty of a felony.

Falsely personating another in other cases.

529. Every person who falsely personates another, and in
such assumed character, either:

1. Becomes bail or surety for any party in any proceeding
whatever, before any court or officer authorized to take such
bail or surety; or,

2. Verifies, publishes, acknowledges, or proves, in the name
of another person, any written instrument, witu intent that the
same may be recorded, delivered, and used as true; or,

3. Does any other act whereby, if it were done by the person
falsely personated, he might, in any event, become liable to any
suit or prosecution, or to pay any sum of money, or to incur
any charge, forfeiture, or penalty, or whereby any benefit might
accrue to the party personating, or to any other person;

— is punishable by imprisonment in the county jail not el-
ceeding two years, or by fine not exceeding five thousand dollars.

77 Cal. 437; 119 Cal. 73.

Receiving property in a false character.

530. Every person who falsely personates another, and In such
assumed character receives any money or property, knowing



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531-536 PENAL CODE. 682

that it is intended to be delivered to the individual so personated,
with intent to convert the same to his own use, or to that of
another person, or to deprive the true owner thereof, is punish-
able in the same manner and to the same extent as for larceny
of the money or property so received.
127 Cal. m.

Fraudulent conveyances.

531. Every person who is a party to any fraudulent conveyance
of any lands, tenements, or hereditaments, goods or chattels,
or any right or interest issuing out of the same, or xo any bond,
suit, judgment, or execution, contract or conveyance, nad, maae,
or contrived with intent to deceive and defraud others, or to
defeat, hinder, or delay creditors or others of their Just debts,
damages, or demands; or who, being a party as aforesaid, at
any time wittingly and willingly puts in, usee, avows, main-
tains, justifies, or defends the same, or any of tnem, as true,
and done, had, or made in good faith, or upon good considera-
tion, or aliens, assigns, or sells any of the lands, tenements,
hereditaments, goods, chattels, or other things before mentioned,
to him or them conveyed as aforesaid, or any pare thereof, is
guilty of a misdemeanor.

Obtaining money by false pretenses.

532. Every person who knowingly and designedly, by false or
fraudulent representation or pretenses, defrauds any other per-
son of money or property, or who causes or procures others to
report falsely of his wealth or mercantile character, and by thus
imposing upon any person obtains credit, and thereby fradulently
gets into possession of money or property, is punishable in the
same manner and to the same extent as for larceny of the money
or property so obtained. [Stats. 1889, p. 14.]

66 Cal. 11: 70 Cal. 117: 70 Cal. 529; 77 Cal. 174;

82 Cal. 273; 84 Cal. 3S; 84 Cal. 472; 100 Cal.
354; 102 Cal. 562; 114 Cal. 438; 119 Cal. 597;
123 Cal. 267; 327 Cal. 282; 133 Cal. 329.

Selling land twice.

533. Every person who, after once selling, bartering, or dis-
posing of any tract of land or town lot. or after executing any
bond or agreement for the sale of any land or town lot, again
wilfully and with intent to defraud previous or subsequent
purchasers, sells, barters, or disposes of the same tract of land
or town lot, or any part thereof, or wilfully and with intent
to defraud previous or subsequent purchasers, executes any
bond or agreement to sell, barter, or dispose of the same land
or lot. or any part thereof, to any other person for a valuable
consideration, is punishable by imprisonment in the state prison
not less than one nor more than ten years.

85 Cal. 87.

Married person selling land under false representation.

534. Every married person who falsely and fraudulently
represents himself or herself as competent to sell or mortgage
any real estate, to the validity of which sale or mortgage the
assent or concurrence of his wife or her husband is necessary,
and under such representations wilfully conveys or mortgages
the same, is guilty of felony.

Mock auction.

535. EiVery person who obtains any money or property from



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583 FALSE PERSONATION — CHEATS. 536-537^

another, or obtains the signature of another to any written In-
strument, the false making of which would be forgery, by
means of any false or fraudulent sale of property or pretended
property, by auction, or by any of the practices Known as mock
auctions, is punishable by imprisonment in the state prison
not exceeding three years, or in the county jail not exceeding
one year, or by fine not exceeding one thousand dollars, or by
both such fine and imprisonment; and, in addition thereto, for-
feits any license he may hold as auctioneer, and is forever dis-
qualified from receiving a license to act as auctioneer withm
this state.

Consignee, false statement by. ^

536. Every commission merchant, broker, agent, factor, or
consignee, who shall wilfully and corruptly make, or cause to
be made, to the principal or consignor of such commission mer-
chant, agent, broker, factor, or consignee, a false statement con-
cerning the price obtained for, or the quality or quantity of
any property consigned or intrusted to such commission mer-
chant, agent, broker, factor, or consignee, for sale, shall be
deemed guilty of a misdemeanor, and, on conviction thereof,
shall be punished by fine not exceeding five hundred dollars,
or Imprisoned In the county jail not exceeding six months,
or by both such fine and imprisonment. [New Section approved
April 15, 1880; Amendments 1880, p. 37. In efi'ect April 15,
1880.]

Defrauding inn or boarding house.

537. A Any person who obtains any food or accommodation at
an inn or boarding house without paying therefor, with Intent
to defraud the proprietor or manager thereof, or who obtains
credit at an Inn or boarding house by the use of any false pre-



Online LibraryCalifornia Charles Howard FairallCriminal law and procedure of California including the penal code of California → online text (page 50 of 77)