Can a defendant be convicted of grand theft under section 484e, subdivision (d) of the California Criminal Code for possessing a credit card with an estimated value of $100,000?

California, United States of America


The following excerpt is from People v. Laminero, C081211 (Cal. App. 2016):

worth of goods thus can be guilty of both petty theft under section 484g and grand theft under section 484e, subdivision (d). (See People v. Smith (1998) 64 Cal.App.4th 1458, 1471 [ 484e, subd. (d) offense necessarily completed before the defendant committed an attempted violation of 484g by entering the store and trying to use it].)

Although it defines the crime as a form of grand theft, section 484e, subdivision (d) proscribes the unlawful possession of access card information. It "was intended to protect innocent consumers from the injury, expense and inconvenience arising from the fraudulent use of their access card account information." (People v. Molina, supra, 120 Cal.App.4th at p. 516.) This is not a crime covered by section 490.2 and section 487, the theft of property with a readily ascertainable value, such as money, other tangible items, or labor. We conclude that section 490.2 was not intended to cover section 484e, subdivision (d), and shall therefore reverse the trial court's order granting defendant's petition.

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