Stockton: iPhone Thief May Face Charges of Petty Theft (CA Penal Code 484, 488 and 459.5)

Rabin Nabizadeh
December 3, 2014

On Facebook, Twitter, Instagram, and other social media sites, ‘selfies’ (photos one takes of oneself with one’s phone) are commonplace.  However, the age of social media may have also, and inadvertently, ushered in something else, the technologically challenged thief.  Police in the Stockton area are currently working to identify the alleged thief of an iPhone.  How did they determine who the thief might be?  He’d taken several selfies with the phone and, apparently, was not aware that he was simultaneously uploading them to the original owner’s cloud storage.  Similar cases have occurred in which selfies were taken by a thief with a cellular phone and then posted to their Instagram account.  When the phone was found in a nearby dumpster, the Instagram account was still open, allowing law enforcement officials to quickly identify and arrest the culprit.

According to California law, if you steal a cellphone or other such device, you may be in for more trouble than it’s worth.  In August of this year, Senate Bill 962 was signed into law, a bill that forces smartphone manufacturers to add what is known as a “kill switch” to each phone sold after July of 2015.  This “kills switch” would enable owners of smartphones to completely disable their devices after discovering they have been stolen.  Some consumers and consumer advocate groups, however, believe that this is not an appropriate solution.

The fact remains, however, that if you take property that is not yours and it is valued at less than $950 (which most smartphones and cell phones are), then you may face charges of petty theft (CA Penal Code 484, 488 and 459.5).  This is a misdemeanor charge in California and may result in a $1,000 fine and up to 6 months in county jail.

 

latest news

October 10, 2023
Do You Lose Your License Immediately After a DUI Charge in San Jose?

Driving under the influence (DUI) is a major offense in San Jose. If you’ve been arrested for a DUI, you might be worried about the future of your driver’s license. Following a DUI arrest, you might be wondering what to do next. Knowing your rights and the next steps can significantly impact the outcome of […]

October 9, 2023
San Jose Common Questions About Criminal Defense

Navigating the complexities of criminal law in San Jose can be confusing. Many residents often have questions about their rights, the legal process, and the consequences of a criminal charge. Fortunately, understanding these topics is easier with the correct information. At Summit Defense, our criminal defense lawyers are here to help you. Every criminal offense is […]

May 18, 2023
How To Beat a DUI in California

Being charged with a DUI in California is a serious matter. If you get convicted of a DUI, you spend time in jail, have your license suspended or revoked, and face significant fines and other penalties. A DUI conviction will also appear on your records, which might make it hard for you to secure housing […]