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(continued) g,
sample, specimen, prototype, model, photograph, micro-organism,
blueprint, map, or tangible representation of a computer program or
information, including both human and computer readable information
and information while in transit.
(3) "Benefit" means gain or advantage, or anything regarded by the
beneficiary as gain or advantage, including benefit to any other
person or entity in whose welfare he or she is interested.
(4) "Computer system" means a machine or collection of machines,
one or more of which contain computer programs and information, that
performs functions, including, but not limited to, logic, arithmetic,
information storage and retrieval, communications, and control.
(5) "Computer network" means an interconnection of two or more
computer systems.
(6) "Computer program" means an ordered set of instructions or
statements, and related information that, when automatically executed
in actual or modified form in a computer system, causes it to
perform specified functions.
(7) "Copy" means any facsimile, replica, photograph or other
reproduction of an article, and any note, drawing or sketch made of
or from an article.
(8) "Representing" means describing, depicting, containing,
constituting, reflecting or recording.
(9) "Trade secret" means information, including a formula,
pattern, compilation, program, device, method, technique, or process,
that:
(A) Derives independent economic value, actual or potential, from
not being generally known to the public or to other persons who can
obtain economic value from its disclosure or use; and
(B) Is the subject of efforts that are reasonable under the
circumstances to maintain its secrecy.
(b) Every person is guilty of theft who, with intent to deprive or
withhold the control of a trade secret from its owner, or with an
intent to appropriate a trade secret to his or her own use or to the
use of another, does any of the following:
(1) Steals, takes, carries away, or uses without authorization, a
trade secret.
(2) Fraudulently appropriates any article representing a trade
secret entrusted to him or her.
(3) Having unlawfully obtained access to the article, without
authority makes or causes to be made a copy of any article
representing a trade secret.
(4) Having obtained access to the article through a relationship
of trust and confidence, without authority and in breach of the
obligations created by that relationship, makes or causes to be made,
directly from and in the presence of the article, a copy of any
article representing a trade secret.
(c) Every person who promises, offers or gives, or conspires to
promise or offer to give, to any present or former agent, employee or
servant of another, a benefit as an inducement, bribe or reward for
conveying, delivering or otherwise making available an article
representing a trade secret owned by his or her present or former
principal, employer or master, to any person not authorized by the
owner to receive or acquire the trade secret and every present or
former agent, employee, or servant, who solicits, accepts, receives
or takes a benefit as an inducement, bribe or reward for conveying,
delivering or otherwise making available an article representing a
trade secret owned by his or her present or former principal,
employer or master, to any person not authorized by the owner to
receive or acquire the trade secret, shall be punished by
imprisonment in the state prison, or in a county jail not exceeding
one year, or by a fine not exceeding five thousand dollars ($5,000),
or by both that fine and imprisonment.
(d) In a prosecution for a violation of this section, it shall be
no defense that the person returned or intended to return the
article.



499d. Any person who operates or takes an aircraft not his own,
without the consent of the owner thereof, and with intent to either
permanently or temporarily deprive the owner thereof of his title to
or possession of such vehicle, whether with or without intent to
steal the same, or any person who is a party or accessory to or an
accomplice in any operation or unauthorized taking or stealing is
guilty of a felony, and upon conviction thereof shall be punished by
imprisonment in the state prison, or in the county jail for not more
than one year or by a fine of not more than ten thousand dollars
($10,000) or by both such fine and imprisonment.



500. (a) Any person who receives money for the actual or purported
purpose of transmitting the same or its equivalent to foreign
countries as specified in Section 1800.5 of the Financial Code who
fails to do at least one of the following acts unless otherwise
instructed by the customer is guilty of a misdemeanor or felony as
set forth in subdivision (b):
(1) Forward the money as represented to the customer within 10
days of receipt of the funds.
(2) Give instructions within 10 days of receipt of the customer's
funds, committing equivalent funds to the person designated by the
customer.
(3) Refund to the customer any money not forwarded as represented
within 10 days of the customer's written request for a refund
pursuant to subdivision (a) of Section 1810.5 of the Financial Code.

(b) (1) If the total value of the funds received from the customer
is less than four hundred dollars ($400), the offense set forth in
subdivision (a) is punishable by imprisonment in the county jail not
exceeding one year or by a fine not exceeding one thousand dollars
($1,000), or by both imprisonment and fine.
(2) If the total value of the money received from the customer is
four hundred dollars ($400) or more, or if the total value of all
moneys received by the person from different customers is four
hundred dollars ($400), or more and the receipts were part of a
common scheme or plan, the offense set forth in subdivision (a) is
punishable by imprisonment in the state prison for 16 months, 2, or 3
years, by a fine not exceeding ten thousand dollars ($10,000), or by
both imprisonment and fine.



501. Upon a trial for larceny or embezzlement of money, bank notes,
certificates of stock, or valuable securities, the allegation of the
indictment or information, so far as regards the description of the
property, is sustained, if the offender be proved to have embezzled
or stolen any money, bank notes, certificates of stock, or valuable
security, although the particular species of coin or other money, or
the number, denomination, or kind of bank notes, certificates of
stock, or valuable security, is not proved; and upon a trial for
embezzlement, if the offender is proved to have embezzled any piece
of coin or other money, any bank note, certificate of stock, or
valuable security, although the piece of coin or other money, or bank
note, certificate of stock, or valuable security, may have been
delivered to him or her in order that some part of the value thereof
should be returned to the party delivering the same, and such part
shall have been returned accordingly.



502. (a) It is the intent of the Legislature in enacting this
section to expand the degree of protection afforded to individuals,
businesses, and governmental agencies from tampering, interference,
damage, and unauthorized access to lawfully created computer data and
computer systems. The Legislature finds and declares that the
proliferation of computer technology has resulted in a concomitant
proliferation of computer crime and other forms of unauthorized
access to computers, computer systems, and computer data.
The Legislature further finds and declares that protection of the
integrity of all types and forms of lawfully created computers,
computer systems, and computer data is vital to the protection of the
privacy of individuals as well as to the well-being of financial
institutions, business concerns, governmental agencies, and others
within this state that lawfully utilize those computers, computer
systems, and data.
(b) For the purposes of this section, the following terms have the
following meanings:
(1) "Access" means to gain entry to, instruct, or communicate with
the logical, arithmetical, or memory function resources of a
computer, computer system, or computer network.
(2) "Computer network" means any system that provides
communications between one or more computer systems and input/output
devices including, but not limited to, display terminals and printers
connected by telecommunication facilities.
(3) "Computer program or software" means a set of instructions or
statements, and related data, that when executed in actual or
modified form, cause a computer, computer system, or computer network
to perform specified functions.
(4) "Computer services" includes, but is not limited to, computer
time, data processing, or storage functions, or other uses of a
computer, computer system, or computer network.
(5) "Computer system" means a device or collection of devices,
including support devices and excluding calculators that are not
programmable and capable of being used in conjunction with external
files, one or more of which contain computer programs, electronic
instructions, input data, and output data, that performs functions
including, but not limited to, logic, arithmetic, data storage and
retrieval, communication, and control.
(6) "Data" means a representation of information, knowledge,
facts, concepts, computer software, computer programs or
instructions. Data may be in any form, in storage media, or as
stored in the memory of the computer or in transit or presented on a
display device.
(7) "Supporting documentation" includes, but is not limited to,
all information, in any form, pertaining to the design, construction,
classification, implementation, use, or modification of a computer,
computer system, computer network, computer program, or computer
software, which information is not generally available to the public
and is necessary for the operation of a computer, computer system,
computer network, computer program, or computer software.
(8) "Injury" means any alteration, deletion, damage, or
destruction of a computer system, computer network, computer program,
or data caused by the access, or the denial of access to legitimate
users of a computer system, network, or program.
(9) "Victim expenditure" means any expenditure reasonably and
necessarily incurred by the owner or lessee to verify that a computer
system, computer network, computer program, or data was or was not
altered, deleted, damaged, or destroyed by the access.
(10) "Computer contaminant" means any set of computer instructions
that are designed to modify, damage, destroy, record, or transmit
information within a computer, computer system, or computer network
without the intent or permission of the owner of the information.
They include, but are not limited to, a group of computer
instructions commonly called viruses or worms, that are
self-replicating or self-propagating and are designed to contaminate
other computer programs or computer data, consume computer resources,
modify, destroy, record, or transmit data, or in some other fashion
usurp the normal operation of the computer, computer system, or
computer network.
(11) "Internet domain name" means a globally unique, hierarchical
reference to an Internet host or service, assigned through
centralized Internet naming authorities, comprising a series of
character strings separated by periods, with the rightmost character
string specifying the top of the hierarchy.
(c) Except as provided in subdivision (h), any person who commits
any of the following acts is guilty of a public offense:
(1) Knowingly accesses and without permission alters, damages,
deletes, destroys, or otherwise uses any data, computer, computer
system, or computer network in order to either (A) devise or execute
any scheme or artifice to defraud, deceive, or extort, or (B)
wrongfully control or obtain money, property, or data.
(2) Knowingly accesses and without permission takes, copies, or
makes use of any data from a computer, computer system, or computer
network, or takes or copies any supporting documentation, whether
existing or residing internal or external to a computer, computer
system, or computer network.
(3) Knowingly and without permission uses or causes to be used
computer services.
(4) Knowingly accesses and without permission adds, alters,
damages, deletes, or destroys any data, computer software, or
computer programs which reside or exist internal or external to a
computer, computer system, or computer network.
(5) Knowingly and without permission disrupts or causes the
disruption of computer services or denies or causes the denial of
computer services to an authorized user of a computer, computer
system, or computer network.
(6) Knowingly and without permission provides or assists in
providing a means of accessing a computer, computer system, or
computer network in violation of this section.
(7) Knowingly and without permission accesses or causes to be
accessed any computer, computer system, or computer network.
(8) Knowingly introduces any computer contaminant into any
computer, computer system, or computer network.
(9) Knowingly and without permission uses the Internet domain name
of another individual, corporation, or entity in connection with the
sending of one or more electronic mail messages, and thereby damages
or causes damage to a computer, computer system, or computer
network.
(d) (1) Any person who violates any of the provisions of paragraph
(1), (2), (4), or (5) of subdivision (c) is punishable by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison for 16 months, or two or three years, or by both that
fine and imprisonment, or by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
(2) Any person who violates paragraph (3) of subdivision (c) is
punishable as follows:
(A) For the first violation that does not result in injury, and
where the value of the computer services used does not exceed four
hundred dollars ($400), by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one
year, or by both that fine and imprisonment.
(B) For any violation that results in a victim expenditure in an
amount greater than five thousand dollars ($5,000) or in an injury,
or if the value of the computer services used exceeds four hundred
dollars ($400), or for any second or subsequent violation, by a fine
not exceeding ten thousand dollars ($10,000), or by imprisonment in
the state prison for 16 months, or two or three years, or by both
that fine and imprisonment, or by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
(3) Any person who violates paragraph (6) or (7) of subdivision
(c) is punishable as follows:
(A) For a first violation that does not result in injury, an
infraction punishable by a fine not exceeding one thousand dollars
($1,000).
(B) For any violation that results in a victim expenditure in an
amount not greater than five thousand dollars ($5,000), or for a
second or subsequent violation, by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
(C) For any violation that results in a victim expenditure in an
amount greater than five thousand dollars ($5,000), by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison for 16 months, or two or three years, or by both that
fine and imprisonment, or by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
(4) Any person who violates paragraph (8) of subdivision (c) is
punishable as follows:
(A) For a first violation that does not result in injury, a
misdemeanor punishable by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one year,
or by both that fine and imprisonment.
(B) For any violation that results in injury, or for a second or
subsequent violation, by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in a county jail not exceeding one
year, or in the state prison, or by both that fine and imprisonment.

(5) Any person who violates paragraph (9) of subdivision (c) is
punishable as follows:
(A) For a first violation that does not result in injury, an
infraction punishable by a fine not one thousand dollars.
(B) For any violation that results in injury, or for a second or
subsequent violation, by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one year,
or by both that fine and imprisonment.
(e) (1) In addition to any other civil remedy available, the owner
or lessee of the computer, computer system, computer network,
computer program, or data who suffers damage or loss by reason of a
violation of any of the provisions of subdivision (c) may bring a
civil action against the violator for compensatory damages and
injunctive relief or other equitable relief. Compensatory damages
shall include any expenditure reasonably and necessarily incurred by
the owner or lessee to verify that a computer system, computer
network, computer program, or data was or was not altered, damaged,
or deleted by the access. For the purposes of actions authorized by
this subdivision, the conduct of an unemancipated minor shall be
imputed to the parent or legal guardian having control or custody of
the minor, pursuant to the provisions of Section 1714.1 of the Civil
Code.
(2) In any action brought pursuant to this subdivision the court
may award reasonable attorney's fees.
(3) A community college, state university, or academic institution
accredited in this state is required to include computer-related
crimes as a specific violation of college or university student
conduct policies and regulations that may subject a student to
disciplinary sanctions up to and including dismissal from the
academic institution. This paragraph shall not apply to the
University of California unless the Board of Regents adopts a
resolution to that effect.
(4) In any action brought pursuant to this subdivision for a
willful violation of the provisions of subdivision (c), where it is
proved by clear and convincing evidence that a defendant has been
guilty of oppression, fraud, or malice as defined in subdivision (c)
of Section 3294 of the Civil Code, the court may additionally award
punitive or exemplary damages.
(5) No action may be brought pursuant to this subdivision unless
it is initiated within three years of the date of the act complained
of, or the date of the discovery of the damage, whichever is later.
(f) This section shall not be construed to preclude the
applicability of any other provision of the criminal law of this
state which applies or may apply to any transaction, nor shall it
make illegal any employee labor relations activities that are within
the scope and protection of state or federal labor laws.
(g) Any computer, computer system, computer network, or any
software or data, owned by the defendant, that is used during the
commission of any public offense described in subdivision (c) or any
computer, owned by the defendant, which is used as a repository for
the storage of software or data illegally obtained in violation of
subdivision (c) shall be subject to forfeiture, as specified in
Section 502.01.
(h) (1) Subdivision (c) does not apply to punish any acts which
are committed by a person within the scope of his or her lawful
employment. For purposes of this section, a person acts within the
scope of his or her employment when he or she performs acts which are
reasonably necessary to the performance of his or her work
assignment.
(2) Paragraph (3) of subdivision (c) does not apply to penalize
any acts committed by a person acting outside of his or her lawful
employment, provided that the employee's activities do not cause an
injury, as defined in paragraph (8) of subdivision (b), to the
employer or another, or provided that the value of supplies or
computer services, as defined in paragraph (4) of subdivision (b),
which are used does not exceed an accumulated total of one hundred
dollars ($100).
(i) No activity exempted from prosecution under paragraph (2) of
subdivision (h) which incidentally violates paragraph (2), (4), or
(7) of subdivision (c) shall be prosecuted under those paragraphs.
(j) For purposes of bringing a civil or a criminal action under
this section, a person who causes, by any means, the access of a
computer, computer system, or computer network in one jurisdiction
from another jurisdiction is deemed to have personally accessed the
computer, computer system, or computer network in each jurisdiction.

(k) In determining the terms and conditions applicable to a person
convicted of a violation of this section the court shall consider
the following:
(1) The court shall consider prohibitions on access to and use of
computers.
(2) Except as otherwise required by law, the court shall consider
alternate sentencing, including community service, if the defendant
shows remorse and recognition of the wrongdoing, and an inclination
not to repeat the offense.



502.01. (a) As used in this section:
(1) "Property subject to forfeiture" means any property of the
defendant that is illegal telecommunications equipment as defined in
subdivision (g) of Section 502.8, or a computer, computer system, or
computer network, and any software or data residing thereon, if the
telecommunications device, computer, computer system, or computer
network was used in committing a violation of, or conspiracy to
commit a violation of, subdivision (b) of Section 272, Section 288,
288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 422, 470,
470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or
(d) of Section 484e, subdivision (a) of Section 484f, subdivision (b)
or (c) of Section 484i, subdivision (c) of Section 502, or Section
502.7, 502.8, 529, 529a, or 530.5, 537e, 593d, 593e, or 646.9, or was
used as a repository for the storage of software or data obtained in
violation of those provisions. Forfeiture shall not be available for
any property used solely in the commission of an infraction. If the
defendant is a minor, it also includes property of the parent or
guardian of the defendant.
(2) "Sentencing court" means the court sentencing a person found
guilty of violating or conspiring to commit a violation of
subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2,
311.3, 311.4, 311.5, 311.10, 311.11, 422, 470, 470a, 472, 475, 476,
480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e,
subdivision (d) of Section 484e, subdivision (a) of Section 484f,
subdivision (b) or (c) of Section 484i, subdivision (c) of Section
502, or Section 502.7, 502.8, 529, 529a, 530.5, 537e, 593d, 593e, or
646.9, or, in the case of a minor, found to be a person described in
Section 602 of the Welfare and Institutions Code because of a
violation of those provisions, the juvenile court.
(3) "Interest" means any property interest in the property subject
to forfeiture.
(4) "Security interest" means an interest that is a lien,
mortgage, security interest, or interest under a conditional sales
contract.
(5) "Value" has the following meanings:
(A) When counterfeit items of computer software are manufactured
or possessed for sale, the "value" of those items shall be equivalent
to the retail price or fair market price of the true items that are
counterfeited.
(B) When counterfeited but unassembled components of computer
software packages are recovered, including, but not limited to,
counterfeited computer diskettes, instruction manuals, or licensing
envelopes, the "value" of those components of computer software
packages shall be equivalent to the retail price or fair market price
of the number of completed computer software packages that could
have been made from those components.
(b) The sentencing court shall, upon petition by the prosecuting
attorney, at any time following sentencing, or by agreement of all
parties, at the time of sentencing, conduct a hearing to determine
whether any property or property interest is subject to forfeiture
under this section. At the forfeiture hearing, the prosecuting
attorney shall have the burden of establishing, by a preponderance of
the evidence, that the property or property interests are subject to
forfeiture. The prosecuting attorney may retain seized property that
may be subject to forfeiture until the sentencing hearing.
(c) Prior to the commencement of a forfeiture proceeding, the law
enforcement agency seizing the property subject to forfeiture shall
make an investigation as to any person other than the defendant who
may have an interest in it. At least 30 days before the hearing to
determine whether the property should be forfeited, the prosecuting
agency shall send notice of the hearing to any person who may have an
interest in the property that arose before the seizure.
A person claiming an interest in the property shall file a motion
for the redemption of that interest at least 10 days before the
hearing on forfeiture, and shall send a copy of the motion to the
prosecuting agency and to the probation department.
If a motion to redeem an interest has been filed, the sentencing
court shall hold a hearing to identify all persons who possess valid
interests in the property. No person shall hold a valid interest in
the property if, by a preponderance of the evidence, the prosecuting
agency shows that the person knew or should have known that the
property was being used in violation of, or conspiracy to commit a
violation of, subdivision (b) of Section 272, Section 288, 288.2,
311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a, 472,
475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of
Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c)
of Section 484i, subdivision (c) of Section 502, or Section 502.7,
502.8, 529, 529a, 530.5, 537e, 593d, 593e, or 646.9, and that the
person did not take reasonable steps to prevent that use, or if the
interest is a security interest, the person knew or should have known
at the time that the security interest was created that the property
would be used for a violation.
(d) If the sentencing court finds that a person holds a valid
interest in the property, the following provisions shall apply:
(1) The court shall determine the value of the property.
(2) The court shall determine the value of each valid interest in
the property.
(3) If the value of the property is greater than the value of the
interest, the holder of the interest shall be entitled to ownership
of the property upon paying the court the difference between the
value of the property and the value of the valid interest.
If the holder of the interest declines to pay the amount
determined under paragraph (2), the court may order the property sold
and designate the prosecutor or any other agency to sell the
property. The designated agency shall be entitled to seize the
property and the holder of the interest shall forward any
documentation underlying the interest, including any ownership
certificates for that property, to the designated agency. The
designated agency shall sell the property and pay the owner of the
interest the proceeds, up to the value of that interest.
(4) If the value of the property is less than the value of the
interest, the designated agency shall sell the property and pay the
owner of the interest the proceeds, up to the value of that interest.

(e) If the defendant was a minor at the time of the offense, this
subdivision shall apply to property subject to forfeiture that is the
property of the parent or guardian of the minor.
(1) The prosecuting agency shall notify the parent or guardian of
the forfeiture hearing at least 30 days before the date set for the
hearing.
(2) The computer or telecommunications device shall not be subject
to forfeiture if the parent or guardian files a signed statement
with the court at least 10 days before the date set for the hearing
that the minor shall not have access to any computer or
telecommunications device owned by the parent or guardian for two
years after the date on which the minor is sentenced.
(3) If the minor is convicted of a violation of Section 288,
288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a,
472, 476, 480, or subdivision (b) of Section 484e, subdivision (d) of
Section 484e, subdivision (a) of Section 484f, subdivision (b) of
Section 484i, subdivision (c) of Section 502, or Section 502.7,
502.8, 529, 529a, or 530.5, within two years after the date on which
the minor is sentenced, and the violation involves a computer or
telecommunications device owned by the parent or guardian, the
original property subject to forfeiture, and the property involved in
the new offense, shall be subject to forfeiture notwithstanding
paragraph (2).
(4) Notwithstanding paragraph (1), (2), or (3), or any other
provision of this chapter, if a minor's parent or guardian makes full
restitution to the victim of a crime enumerated in this chapter in
an amount or manner determined by the court, the forfeiture
provisions of this chapter do not apply to the property of that
parent or guardian if the property was located in the family's
primary residence during the commission of the crime.
(f) Notwithstanding any other provision of this chapter, the court
may exercise its discretion to deny forfeiture where the court finds
that the convicted defendant, or minor adjudicated to come within
the jurisdiction of the juvenile court, is not likely to use the
property otherwise subject to forfeiture for future illegal acts.
(g) If the defendant is found to have the only valid interest in
the property subject to forfeiture, it shall be distributed as
follows:
(1) First, to the victim, if the victim elects to take the
property as full or partial restitution for injury, victim
expenditures, or compensatory damages, as defined in paragraph (1) of
subdivision (e) of Section 502. If the victim elects to receive the
property under this paragraph, the value of the property shall be
determined by the court and that amount shall be credited against the
restitution owed by the defendant. The victim shall not be penalized
for electing not to accept the forfeited property in lieu of full or
partial restitution.
(2) Second, at the discretion of the court, to one or more of the
following agencies or entities:
(A) The prosecuting agency.
(B) The public entity of which the prosecuting agency is a part.
(C) The public entity whose officers or employees conducted the
investigation resulting in forfeiture.
(D) Other state and local public entities, including school
districts.
(E) Nonprofit charitable organizations.
(h) If the property is to be sold, the court may designate the
prosecuting agency or any other agency to sell the property at
auction. The proceeds of the sale shall be distributed by the court
as follows:
(1) To the bona fide or innocent purchaser or encumbrancer,
conditional sales vendor, or mortgagee of the property up to the
amount of his or her interest in the property, if the court orders a
distribution to that person.
(2) The balance, if any, to be retained by the court, subject to
the provisions for distribution under subdivision (g).



502.5. Every person who, after mortgaging or encumbering by deed of
trust any real property, and during the existence of such mortgage
or deed of trust, or after such mortgaged or encumbered property
shall have been sold under an order and decree of foreclosure or at
trustee's sale, and with intent to defraud or injure the mortgagee or
the beneficiary or trustee, under such deed of trust, his
representatives, successors or assigns, or the purchaser of such
mortgaged or encumbered premises at such foreclosure or trustee's
sale, his representatives, successors or assigns, takes, removes or
carries away from such mortgaged or encumbered premises, or otherwise
disposes of or permits the taking, removal or carrying away or
otherwise disposing of any house, barn, windmill, water tank, pump,
engine or other part of the freehold that is attached or affixed to
such premises as an improvement thereon, without the written consent
of the mortgagee or beneficiary, under deed of trust, his
representatives, successors or assigns, or the purchaser at such
foreclosure or trustee's sale, his representatives, successors or
assigns, is guilty of larceny and shall be punished accordingly.



502.6. (a) Any person who knowingly, willfully, and with the intent
to defraud, possesses a scanning device, or who knowingly,
willfully, and with intent to defraud, uses a scanning device to
access, read, obtain, memorize or store, temporarily or permanently,
information encoded on the magnetic strip or stripe of a payment card
without the permission of the authorized user of the payment card is
guilty of a misdemeanor, punishable by a term in a county jail not
to exceed one year, or a fine of one thousand dollars ($1,000), or
both the imprisonment and fine.
(b) Any person who knowingly, willfully, and with the intent to
defraud, possesses a reencoder, or who knowingly, willfully, and with
intent to defraud, uses a reencoder to place encoded information on
the magnetic strip or stripe of a payment card or any electronic
medium that allows an authorized transaction to occur, without the
permission of the authorized user of the payment card from which the
information is being reencoded is guilty of a misdemeanor, punishable
by a term in a county jail not to exceed one year, or a fine of one
thousand dollars ($1,000), or both the imprisonment and fine.
(c) Any scanning device or reencoder described in subdivision (e)
owned by the defendant and possessed or used in violation of
subdivision (a) or (b) may be seized and be destroyed as contraband
by the sheriff of the county in which the scanning device or
reencoder was seized.
(d) Any computer, computer system, computer network, or any
software or data, owned by the defendant, which is used during the
commission of any public offense described in this section or any
computer, owned by the defendant, which is used as a repository for
the storage of software or data illegally obtained in violation of
this section shall be subject to forfeiture.
(e) As used in this section, the following definitions apply:
(1) "Scanning device" means a scanner, reader, or any other
electronic device that is used to access, read, scan, obtain,
memorize, or store, temporarily or permanently, information encoded
on the magnetic strip or stripe of a payment card.
(2) "Reencoder" means an electronic device that places encoded
information from the magnetic strip or stripe of a payment card on to
the magnetic strip or stripe of a different payment card.
(3) "Payment card" means a credit card, debit card, or any other
card that is issued to an authorized user and that allows the user to
obtain, purchase, or receive goods, services, money, or anything
else of value.
(f) Nothing in this section shall preclude prosecution under any
other provision of law.



502.7. (a) Any person who, knowingly, willfully, and with intent to
defraud a person providing telephone or telegraph service, avoids or
attempts to avoid, or aids, abets or causes another to avoid the
lawful charge, in whole or in part, for telephone or telegraph
service by any of the following means is guilty of a misdemeanor or a
felony, except as provided in subdivision (g):
(1) By charging the service to an existing telephone number or
credit card number without the authority of the subscriber thereto or
the lawful holder thereof.
(2) By charging the service to a nonexistent telephone number or
credit card number, or to a number associated with telephone service
which is suspended or terminated, or to a revoked or canceled (as
distinguished from expired) credit card number, notice of the
suspension, termination, revocation, or cancellation of the telephone
service or credit card having been given to the subscriber thereto
or the holder thereof.
(3) By use of a code, prearranged scheme, or other similar
stratagem or device whereby the person, in effect, sends or receives
information.
(4) By rearranging, tampering with, or making connection with
telephone or telegraph facilities or equipment, whether physically,
electrically, acoustically, inductively, or otherwise, or by using
telephone or telegraph service with knowledge or reason to believe
that the rearrangement, tampering, or connection existed at the time
of the use.
(5) By using any other deception, false pretense, trick, scheme,
device, conspiracy, or means, including the fraudulent use of false,
altered, or stolen identification.
(b) Any person who does either of the following is guilty of a
misdemeanor or a felony, except as provided in subdivision (g):
(1) Makes, possesses, sells, gives, or otherwise transfers to
another, or offers or advertises any instrument, apparatus, or device
with intent to use it or with knowledge or reason to believe it is
intended to be used to avoid any lawful telephone or telegraph toll
charge or to conceal the existence or place of origin or destination
of any telephone or telegraph message.
(2) Sells, gives, or otherwise transfers to another or offers, or
advertises plans or instructions for making or assembling an
instrument, apparatus, or device described in paragraph (1) of this
subdivision with knowledge or reason to believe that they may be used
to make or assemble the instrument, apparatus, or device.
(c) Any person who publishes the number or code of an existing,
canceled, revoked, expired, or nonexistent credit card, or the
numbering or coding which is employed in the issuance of credit
cards, with the intent that it be used or with knowledge or reason to
believe that it will be used to avoid the payment of any lawful
telephone or telegraph toll charge is guilty of a misdemeanor.
Subdivision (g) shall not apply to this subdivision. As used in this
section, "publishes" means the communication of information to any
one or more persons, either orally, in person or by telephone, radio,
or television, or electronic means, including, but not limited to, a
bulletin board system, or in a writing of any kind, including
without limitation a letter or memorandum, circular or handbill,
newspaper, or magazine article, or book.
(d) Any person who is the issuee of a calling card, credit card,
calling code, or any other means or device for the legal use of
telecommunications services and who receives anything of value for
knowingly allowing another person to use the means or device in order
to fraudulently obtain telecommunications services is guilty of a
misdemeanor or a felony, except as provided in subdivision (g).
(e) Subdivision (a) applies when the telephone or telegraph
communication involved either originates or terminates, or both
originates and terminates, in this state, or when the charges for
service would have been billable, in normal course, by a person
providing telephone or telegraph service in this state, but for the
fact that the charge for service was avoided, or attempted to be
avoided, by one or more of the means set forth in subdivision (a).
(f) Jurisdiction of an offense under this section is in the
jurisdictional territory where the telephone call or telegram
involved in the offense originates or where it terminates, or the
jurisdictional territory to which the bill for the service is sent or
would have been sent but for the fact that the service was obtained
or attempted to be obtained by one or more of the means set forth in
subdivision (a).
(g) Theft of any telephone or telegraph services under this
section by a person who has a prior misdemeanor or felony conviction
for theft of services under this section within the past five years,
is a felony.
(h) Any person or telephone company defrauded by any acts
prohibited under this section shall be entitled to restitution for
the entire amount of the charges avoided from any person or persons
convicted under this section.
(i) Any instrument, apparatus, device, plans, instructions, or
written publication described in subdivision (b) or (c) may be seized
under warrant or incident to a lawful arrest, and, upon the
conviction of a person for a violation of subdivision (a), (b), or
(c), the instrument, apparatus, device, plans, instructions, or
written publication may be destroyed as contraband by the sheriff of
the county in which the person was convicted or turned over to the
person providing telephone or telegraph service in the territory in
which it was seized.
(j) Any computer, computer system, computer network, or any
software or data, owned by the defendant, which is used during the
commission of any public offense described in this section or any
computer, owned by the defendant, which is used as a repository for
the storage of software or data illegally obtained in violation of
this section shall be subject to forfeiture.



502.8. (a) Any person who knowingly advertises illegal
telecommunications equipment is guilty of a misdemeanor.
(b) Any person who possesses or uses illegal telecommunications
equipment intending to avoid the payment of any lawful charge for
telecommunications service or to facilitate other criminal conduct is
guilty of a misdemeanor.
(c) Any person found guilty of violating subdivision (b), who has
previously been convicted of the same offense, shall be guilty of a
felony, punishable by imprisonment in state prison, a fine of up to
fifty thousand dollars ($50,000), or both.
(d) Any person who possesses illegal telecommunications equipment
with intent to sell, transfer, or furnish or offer to sell, transfer,
or furnish the equipment to another, intending to avoid the payment
of any lawful charge for telecommunications service or to facilitate
other criminal conduct is guilty of a misdemeanor punishable by one
year in a county jail or imprisonment in state prison or a fine of up
to ten thousand dollars ($10,000), or both.
(e) Any person who possesses 10 or more items of illegal
telecommunications equipment with intent to sell or offer to sell the
equipment to another, intending to avoid payment of any lawful
charge for telecommunications service or to facilitate other
criminal conduct, is guilty of a felony, punishable by imprisonment
in state prison, a fine of up to fifty thousand dollars ($50,000), or
both.
(f) Any person who manufactures 10 or more items of illegal
telecommunications equipment with intent to sell or offer to sell the
equipment to another, intending to avoid the payment of any lawful
charge for telecommunications service or to facilitate other
criminal conduct is guilty of a felony punishable by imprisonment in
state prison or a fine of up to fifty thousand dollars ($50,000), or
both.
(g) For purposes of this section, "illegal telecommunications
equipment" means equipment that operates to evade the lawful charges
for any telecommunications service; surrepticiously intercept
electronic serial numbers or mobile identification numbers; alter
electronic serial numbers; circumvent efforts to confirm legitimate
access to a telecommunications account; conceal from any
telecommunications service provider or lawful authority the
existence, place of origin, or destination of any telecommunication;
or otherwise facilitate any other criminal conduct. "Illegal
telecommunications equipment" includes, but is not limited to, any
unauthorized electronic serial number or mobile identification
number, whether incorporated into a wireless telephone or other
device or otherwise. Items specified in this paragraph shall be
considered illegal telecommunications equipment notwithstanding any
statement or disclaimer that the items are intended for educational,
instructional, or similar purposes.
(h) (1) In the event that a person violates the provisions of this
section with the intent to avoid the payment of any lawful charge
for telecommunications service to a telecommunications service
provider, the court shall order the person to pay restitution to the
telecommunications service provider in an amount that is the greater
of the following:
(A) Five thousand dollars ($5,000).
(B) Three times the amount of actual damages, if any, sustained by
the telecommunications service provider, plus reasonable attorney
fees.
(2) It is not a necessary prerequisite to an order of restitution
under this section that the telecommunications service provider has
suffered, or be threatened with, actual damages.




502.9. Upon conviction of a felony violation under this chapter,
the fact that the victim was an elder or dependent person, as defined
in Section 288, shall be considered a circumstance in aggravation
when imposing a term under subdivision (b) of Section 1170.