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Title 4 — Crimes Against Property
Title 4 — CRIMES AGAINST PROPERTY
Chapter 1: Theft and Unlawful Taking
Section 401 TheftMISDEMEANOR#
- (a) Taking or exercising control over property or services of another without lawful permission, beyond the scope of permission, or after permission is revoked.
- (b) Penalties:
- (1) Fine: $1,500 to $3,000
- (2) Imprisonment: 5 to 10 minutes
Section 402 Grand TheftFELONY#
- (a) Committing theft under Section 401 where the value taken, the quantity taken, the number of victims, the breach of trust, or the impact on essential operations makes the offense a major theft.
- (b) Penalties:
- (1) Fine: $10,000 to $25,000
- (2) Imprisonment: 15 to 30 minutes
- (c) Judicial discretion: When the evidence of major theft is ambiguous, restitution is promptly made, or the impact is de minimis, the court may adjudicate and sentence under Section 401.
Section 403 Grand Theft AutoFELONY#
- (a) Taking or exercising control over a motor vehicle of another without lawful permission, beyond the scope of permission, or after permission is revoked.
- (b) Penalties:
- (1) Fine: $10,000 to $25,000
- (2) Imprisonment: 15 to 30 minutes
- (c) Judicial discretion: When the vehicle is promptly returned without damage, the taking is temporary in nature, or the owner consents after the fact, the court may adjudicate and sentence under Section 401 or Section 402 as appropriate.
Section 404 Possession of Stolen PropertyMISDEMEANOR#
- (a) Possessing or exercising control over property that the person knows was stolen.
- (b) Penalties:
- (1) Fine: $2,000 to $5,000
- (2) Imprisonment: 5 to 12 minutes
- (c) Judicial discretion: The court may dismiss or reduce the charge when the defendant demonstrates good-faith acquisition and promptly cooperates in returning the property.
Chapter 2: Robbery and Extortionate Taking
Section 411 RobberyFELONY#
- (a) Taking property from the person or immediate presence of another by force or intimidation.
- (b) Penalties:
- (1) Fine: $15,000 to $35,000
- (2) Imprisonment: 20 to 40 minutes
- (c) Sentencing guidance: The court shall consider the degree of force or intimidation and shall avoid imposing separate punishment for theft for the same taking absent distinct conduct.
Section 412 CarjackingFELONY#
- (a) Taking a motor vehicle from the person or immediate presence of another by force or intimidation.
- (b) Penalties:
- (1) Fine: $20,000 to $45,000
- (2) Imprisonment: 25 to 45 minutes
- (c) Sentencing guidance: The court may mitigate within the penalty range when intimidation is minimal, no weapon is displayed, no injury occurs, and the vehicle is recovered quickly, and may prioritize restitution or repair orders when appropriate.
Chapter 3: Burglary, Trespass, and Unlawful Entry
Section 421 TrespassINFRACTION#
- (a) Entering or remaining on property without lawful permission after being given notice to depart or not to enter.
- (b) Penalties:
- (1) Fine: $250 to $750
- (2) Imprisonment: 0 to 2 minutes
- (c) Sentencing guidance: The court may impose a fine-only outcome when the entry was brief, accidental, or when the notice element is weak.
Section 422 BurglaryFELONY#
- (a) Entering a building, dwelling, or secured area without lawful permission to commit theft or another crime.
- (b) Penalties:
- (1) Fine: $12,500 to $30,000
- (2) Imprisonment: 20 to 40 minutes
- (c) Sentencing guidance: The court may treat secured area narrowly and may mitigate within the penalty range when entry is non-forcible, the intended underlying offense is minor, or no property is taken.
Section 423 Possession of Burglary ToolsMISDEMEANOR#
- (a) Possessing tools or devices to unlawfully enter or steal from property.
- (b) Penalties:
- (1) Fine: $2,000 to $6,000
- (2) Imprisonment: 6 to 12 minutes
Chapter 4: Vandalism and Destruction of Property
Section 431 VandalismMISDEMEANOR#
- (a) Defacing, damaging, or destroying property of another without lawful permission.
- (b) Penalties:
- (1) Fine: $2,000 to $5,000
- (2) Imprisonment: 5 to 12 minutes
Section 432 Major Destruction of PropertyFELONY#
- (a) Defacing, damaging, or destroying property of another without lawful permission where the damage is substantial or creates significant public risk.
- (b) Penalties:
- (1) Fine: $10,000 to $40,000
- (2) Imprisonment: 15 to 30 minutes
- (c) Sentencing guidance: The court shall consider documented repair estimates and objective evidence of public risk, and may reduce to Section 431 when public risk is speculative or the substantiality of damage is ambiguous.
Chapter 5: Fraud, Impersonation, and Identity Crimes
Section 441 FraudMISDEMEANOR#
- (a) Obtaining money, property, services, or a benefit by deception.
- (b) Penalties:
- (1) Fine: $3,000 to $7,500
- (2) Imprisonment: 8 to 15 minutes
Section 442 Major FraudFELONY#
- (a) Committing fraud under Section 441 where the value obtained, the number of victims, the sophistication of the scheme, or the impact makes the offense a major fraud.
- (b) Penalties:
- (1) Fine: $25,000 to $100,000
- (2) Imprisonment: 25 to 55 minutes
- (c) Sentencing guidance: The court may scale sentencing within the range based on demonstrated loss and sophistication and may prioritize restitution-forward outcomes when victims are promptly made whole.
Section 443 Criminal ImpersonationMISDEMEANOR#
- (a) Impersonating another person or a position of trust to obtain a benefit or to cause another to suffer loss or risk.
- (b) Penalties:
- (1) Fine: $2,500 to $7,500
- (2) Imprisonment: 6 to 15 minutes
Section 444 Identity TheftFELONY#
- (a) Using another person’s identifying information without lawful permission to obtain a benefit or to cause loss or risk.
- (b) Penalties:
- (1) Fine: $15,000 to $50,000
- (2) Imprisonment: 20 to 45 minutes
Section 445 ForgeryMISDEMEANOR#
- (a) Making, altering, or using a document or record as genuine when it is not, to obtain a benefit or cause loss or risk.
- (b) Penalties:
- (1) Fine: $2,500 to $7,500
- (2) Imprisonment: 6 to 15 minutes
- (c) Sentencing guidance: When criminal impersonation or fraud arises from the same scheme with the same victim and harm, the court may impose concurrent penalties absent distinct acts.
Chapter 6: Restitution, Victim Compensation, and Property Return
Section 461 Restitution and Victim Compensation#
- (a) Upon adjudication for an offense under this Title, the adjudicating authority may order restitution to any victim for actual losses, including repair costs, replacement value, medical expenses caused by the offense, and documented lost income.
- (b) Restitution is in addition to any fine or imprisonment imposed under this Title.
- (c) The adjudicating authority may set payment terms and may consider partial satisfaction through lawful community service where otherwise authorized by law.
- (d) The adjudicating authority may offset fines within the applicable range when substantial restitution is promptly paid, and may order structured payments or escrow where authorized by law.
Section 462 Return of Seized or Recovered Property#
- (a) When property is seized or recovered in connection with an offense under this Title, a peace officer or adjudicating authority may release the property to the apparent lawful owner when reasonably satisfied of ownership and when release will not materially impair an ongoing investigation or proceeding.
- (b) When ownership is disputed, the adjudicating authority may retain the property pending a determination by a competent tribunal.
- (c) Decisions regarding release or continued retention shall be made without unreasonable delay.
- (d) A person claiming lawful ownership may request a prompt hearing to determine possession and conditions of return.
Chapter 7: Enhancements
Section 450 Deadly Weapon EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: The offense is committed while a deadly weapon is displayed, used, or otherwise meaningfully facilitates force, intimidation, or coercion in the commission of the offense.
- (c) Additional Penalties:
- (1) Additional Fine: $10,000 to $20,000
- (2) Additional Imprisonment: 10 to 20 minutes
Section 451 Serious Bodily Injury EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: The offense results in serious bodily injury and the court finds a direct causal connection between the offense and the injury.
- (c) Additional Penalties:
- (1) Additional Fine: $15,000 to $30,000
- (2) Additional Imprisonment: 15 to 30 minutes
Section 452 Vulnerable Victim EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: The victim is elderly, disabled, a minor, or a public official, and the defendant knew or reasonably should have known of the victim’s status.
- (c) Additional Penalties:
- (1) Additional Fine: $10,000 to $25,000
- (2) Additional Imprisonment: 10 to 20 minutes
Section 453 Repeat Offender EnhancementEnhancement#
- (a) Applies to: All offenses under this Title.
- (b) Triggered when: The defendant has a prior conviction for an offense under this Title, and the new offense is committed within 30 days after the date of that prior conviction.
- (c) Additional Penalties:
- (1) Second offense: Fine and imprisonment increased by 50%
- (2) Third offense: Fine and imprisonment increased by 100%
- (3) Fourth and subsequent: Fine and imprisonment increased by 200%