The devastating Palisades and Eaton fires in January 2025 brought national attention to a crime that most Californians had rarely thought about: looting. As thousands of residents fled their homes, dozens of people were arrested for taking advantage of the chaos. In response, California enacted two major new laws that took effect on January 1, 2026, dramatically increasing the penalties for looting and for impersonating emergency personnel during a disaster.
For anyone now facing a looting charge, the new legal landscape is significantly harsher than it was even a year ago. What may have once been a routine theft or burglary case can now expose a defendant to mandatory jail time, felony state prison sentences, and enhancements that apply for up to three years after a disaster ends.
If you’ve been arrested for theft, burglary, or trespassing in an area affected by an emergency in California, talk to a Los Angeles criminal defense attorney before you say anything else to police. The defenses available to you depend heavily on facts that may not be obvious at first, and early intervention can prevent the most severe consequences.
What Is Looting Under California Law?
California’s looting statute treats certain underlying theft and burglary crimes more harshly when they are committed during a declared state of emergency, local emergency, or evacuation order. It does not create a brand new type of crime so much as it elevates the penalties for crimes that would normally carry lighter sentences.
For a looting charge to apply, the prosecution must prove three things:
- The defendant committed an underlying offense (second-degree burglary, petty theft, grand theft, or grand theft of a firearm).
- The offense was committed within a county where a state of emergency, local emergency, or evacuation order had been officially declared.
- The defendant knew or reasonably should have known about the emergency declaration or evacuation order.
A state of emergency can be declared by the Governor or by a local governing body in response to natural disasters such as wildfires, earthquakes, floods, severe storms, and similar events, or in response to manmade emergencies like riots or civil unrest. The official list of current emergency proclamations is maintained on the Governor’s office on emergency proclamations.
How AB 468 and SB 571 Changed the Law in 2026
This is the most important recent change to California looting law in decades. On October 10, 2025, Governor Newsom signed two new laws that took effect on January 1, 2026:
Assembly Bill 468. The full text is available at Assembly Bill 468 (2025). This law strengthened the looting statute in several major ways:
- It expanded the definition of an “evacuation zone” to include not just active evacuation areas but also areas subject to evacuation warnings.
- It extended evacuation zone protections to residential dwellings for up to one year after the evacuation order is lifted, and up to three years if the property is undergoing reconstruction.
- It clarified that damage to a structure from a disaster does not preclude a looting conviction. A burned-out home is still a dwelling for purposes of the law.
- It increased penalties for looting offenses committed within an evacuation zone.
Senate Bill 571. This companion law strengthened penalties for anyone who commits a looting offense or related crime while impersonating emergency personnel during a state of emergency. The category of “emergency personnel” includes peace officers, firefighters, emergency medical responders, utility workers, National Guard members, and government officials. Impersonation during a disaster is now an aggravating factor that judges must consider in sentencing.
Together, these two laws send a clear message: California prosecutors and courts will treat looting cases far more harshly than they did in the past, and the protections for affected communities now extend long after the immediate emergency has ended.
Penalties for Looting in California
Looting is what California calls a “wobbler,” meaning prosecutors can charge it as a misdemeanor or a felony depending on the underlying offense, the defendant’s record, and the circumstances of the case.
Looting by petty theft. A misdemeanor punishable by up to six months in county jail and a fine of up to $1,000. The 180-day mandatory minimum jail term applies even when probation is granted.
Looting by second-degree burglary or grand theft. A wobbler. As a misdemeanor, punishable by up to one year in county jail. As a felony, punishable by 16 months, two, or three years in state prison.
Looting by grand theft of a firearm. A straight felony punishable by 16 months, two, or three years in state prison.
The 180-day mandatory minimum. This is one of the most significant features of California’s looting statute and one of the biggest reasons that looting charges are so much more serious than the underlying theft or burglary alone. Even when a judge grants probation, the defendant generally must serve at least 180 days in county jail. The judge can only waive this mandatory minimum by finding, on the record, that doing so is in the interest of justice. This is far stricter than standard theft cases, where probation often means no jail time at all.
Evacuation zone enhancements. Under the new 2026 law, looting offenses committed inside an evacuation zone carry additional penalties beyond the base looting sentence. This is true even when the zone is technically inactive but covered by the extended one-year (or three-year reconstruction) protection period.
Impersonation enhancements. When looting is committed by someone impersonating emergency personnel, the court must consider that fact as an aggravating factor at sentencing under SB 571, leading to higher sentences within the available range.
Other Charges Often Filed Alongside Looting
Looting rarely appears alone in a charging document. Prosecutors typically stack multiple counts that cover the same underlying conduct.
Unauthorized entry into a closed area. Entering an area that has been closed by law enforcement during a disaster, and remaining after being asked to leave, is a separate misdemeanor. This is the charge that applies to “disaster sightseers” and curious onlookers, but it can be filed alongside looting when theft is also alleged.
Vandalism. Damaging property during a disaster is a separate offense regardless of whether anything was taken.
Participating in a riot. When the underlying emergency is civil unrest, defendants can also face rioting charges that are independent of any theft.
Burglary or grand theft as standalone charges. The same conduct can support both a looting count and a separate burglary or theft count, although California’s double-punishment rule generally prevents serving consecutive sentences for the same physical act.
A single set of facts can easily produce three or four counts across multiple statutes, which is one reason why looting charges often carry much higher exposure than they appear to at first glance.
Defenses Against Looting Charges
Despite the harsh penalties, several defenses can succeed depending on the facts of the case.
No state of emergency was in effect. If the alleged conduct occurred before an emergency declaration was issued, after it had expired, or outside the affected county, the looting statute does not apply. The underlying theft or burglary charge may still proceed, but without the looting enhancements.
You did not know about the emergency or evacuation order. The statute requires that you knew or reasonably should have known about the emergency. Tourists, visitors, recent arrivals, and people in transit can sometimes legitimately claim they were unaware of the situation. This defense requires careful factual development.
No underlying theft or burglary occurred. Looting is not a standalone crime. The prosecution must prove every element of the underlying offense (burglary, petty theft, grand theft, or grand theft of a firearm). If the underlying crime cannot be proven, the looting charge collapses with it.
Mistaken identity. Looting arrests often occur during chaotic, fast-moving situations where multiple people are present and lighting and visibility are poor. Officers acting on incomplete information can arrest the wrong person.
Good faith or necessity. California law recognizes a limited defense when a person takes property during an emergency in genuine good faith, such as taking medical supplies from a damaged store to treat injuries, or breaking into a building to escape immediate danger. This defense is narrow and fact-specific but can defeat the intent element of the charge.
Unlawful search or arrest. Looting cases frequently involve searches of bags, vehicles, and homes during the emergency response. If law enforcement obtained evidence in violation of the Fourth Amendment, your attorney can move to suppress the evidence under California’s exclusionary rules.
Interest of justice argument for waiving the 180-day minimum. When a conviction cannot be avoided, the defense focus often shifts to convincing the judge that the mandatory 180-day jail sentence should be waived. This requires a thoughtful mitigation package showing strong family ties, lack of criminal history, the circumstances of the offense, and other factors that make leniency appropriate.
What to Do If You’re Arrested for Looting
If you’ve been arrested or are being investigated for looting in California, your next steps matter enormously.
- Do not talk to police about what happened. Politely invoke your rights: “I want to speak with my attorney before answering any questions.”
- Do not consent to searches. If asked, say clearly: “I do not consent to a search.”
- Document everything you can. The names of any officers, the time and location of the stop or arrest, the conditions at the scene, and any witnesses who could verify your account.
- Do not return to the area without legal advice. Going back to a disaster zone after release can create additional charges.
- Hire a defense attorney immediately. Looting cases move fast, and prosecutors are under significant public pressure to charge them aggressively. Early counsel can sometimes prevent charges from being filed or negotiate a reduction before bail is set.
For a complete walkthrough of post-arrest procedure, see our guide on your rights when arrested. Looting charges can also overlap with California’s violent crime classifications when force or weapons are involved. For more on that framework, see our overview of California’s violent crime classification.
Frequently Asked Questions
Is looting a felony in California?
Looting can be charged as either a misdemeanor or a felony depending on the underlying offense and the facts of the case. Looting by petty theft is a misdemeanor. Looting by burglary or grand theft is a “wobbler” that can be filed as either. Looting by grand theft of a firearm is always a felony. Recent changes to the law have also added evacuation zone enhancements that can elevate the seriousness of any looting charge.
Do I have to serve mandatory jail time for looting in California?
Yes, in most cases. California’s looting law requires a minimum 180 days in county jail even when probation is granted. The judge can only waive this minimum by finding, on the record, that doing so is in the interest of justice. This makes looting significantly more punitive than standard theft cases, where probation often means no jail time at all.
What counts as an “evacuation zone” under California’s looting law?
Under the 2026 update to the law, an evacuation zone includes any active evacuation area as well as any area subject to an evacuation warning. The designation also extends to residential dwellings for up to one year after the evacuation order ends, or up to three years if the property is undergoing reconstruction. Conduct in any of these zones can trigger enhanced looting penalties.
Can I be charged with looting if the home or business was already damaged?
Yes. California law specifically clarifies that damage to a structure from a disaster, no matter how extensive, does not preclude a looting conviction. A burned-out home, flooded business, or earthquake-damaged property is still legally protected. This is a common point of confusion, and prosecutors routinely charge looting even when the property was uninhabitable at the time of the alleged offense.
What Is the difference between looting and burglary in California?
Looting is essentially burglary or theft committed during a declared emergency or in an evacuation zone. The underlying conduct is the same, but the penalties are significantly harsher when an emergency is in effect. Looting carries a 180-day mandatory minimum jail term and additional evacuation zone enhancements that don’t apply to standard burglary cases.
Talk to a Los Angeles Criminal Defense Attorney Today
Looting cases have become some of the most aggressively prosecuted matters in California in the wake of the 2025 wildfires. Prosecutors are under significant public and political pressure to seek maximum penalties, and the new 2026 laws give them more tools than ever to do so. For defendants, that means the stakes are higher, the timelines are shorter, and the margin for error is smaller.
The criminal defense attorneys at Manshoory Law Group focus exclusively on criminal defense throughout Los Angeles, Orange County, and Southern California. We have years of experience handling theft, burglary, and emergency-related criminal cases, and we know how to challenge the prosecution’s proof of every element required for a looting conviction.
Consultations are free, and we’re available 24/7. Flexible payment plans are available.
Call 877-977-7750 today or contact us online to discuss your case.