New Legislation Would Increase Punishments, Close Legal Loopholes
Los Angeles County District Attorney Nathan Hochman and Orange County District Attorney Todd Spitzer are pushing for stricter penalties for looting during local emergencies, proposing new legislation to deter opportunistic crimes and strengthen protections for disaster victims.
However, there was no mention of stricter penalties for price gouging for homes and apartments, a crime growing in the city and the county by leaps and bounds.
The proposed legislation, announced Monday, would elevate looting to a felony punishable by up to four years in state prison and designate it as a “strike” under California’s Three Strikes Law. It also aims to close loopholes in existing laws and impose additional penalties for crimes committed during declared emergencies.
Hochman and Spitzer have called on Gov. Gavin Newsom to convene a special legislative session to enact these changes. Key provisions include:
- Increasing penalties for looting under Penal Code 463 to 2-4 years in state prison.
- Creating a new felony offense for trespassing with intent to commit larceny, targeting thieves who sift through the remains of burned homes.
- Adding a looting enhancement of 1-3 years for any felony committed during a declared emergency.
- Requiring judicial review for anyone arrested for looting, eliminating the possibility of cite-and-release.
- Designating looting as a serious offense under California’s Three Strikes Law.
- Making looting ineligible for diversion programs that allow defendants to clear their records.
Hochman emphasized the urgency of the proposal, citing the anguish faced by families displaced by the fires. “As hundreds of thousands of families face the unimaginable anguish of fleeing their homes, the last thing they should fear is the added trauma of criminals preying on their misfortune,” he said. “We will not tolerate looting in our state.”
The legislation also aims to close a gap in California law that does not currently criminalize trespassing to steal from burned properties. “These scavengers are nothing more than grave robbers,” Spitzer said. “Stealing the last remaining possessions from those who have already lost everything is a despicable act that deserves severe punishment.”
Spitzer described the devastating toll of the recent fires, which forced thousands to flee their homes and left dozens dead. “In the darkest hours of the darkest days of their lives, criminals are circling like vultures to pick through the ashes,” he said. “We must demand accountability and punishment for these opportunists.”
The district attorneys’ proposal sends a strong message that looting during disasters will not be tolerated. Hochman and Spitzer stressed that the legislation is designed to provide swift and decisive justice for victims while deterring future crimes.
The legislative language has been submitted to the California Legislative Counsel, and Hochman and Spitzer are urging swift action to protect vulnerable communities.
“Our homes are not just buildings made of wood and glass; they are built with memories, laughter, sweat, and tears,” Spitzer said. “We must hold those who exploit these tragedies accountable.”
