Penal Code § 548 – Destruction of Insured Property
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Penal Code § 548 – Destruction of Insured Property
California Law
Penal Code – PEN
PART 1. OF CRIMES AND PUNISHMENTS [25 – 680.4]
( Part 1 enacted 1872. )
TITLE 13. OF CRIMES AGAINST PROPERTY [450 – 593g]
( Title 13 enacted 1872. )
CHAPTER 10. Crimes Against Insured Property and Insurers [548 – 551]
( Heading of Chapter 10 renumbered from Chapter 11 by Stats. 1979, Ch. 373. )
548.
(a) Every person who willfully injures, destroys, secretes, abandons, or disposes of any property which at the time is insured against loss or damage by theft, or embezzlement, or any casualty with intent to defraud or prejudice the insurer, whether the property is the property or in the possession of that person or any other person, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years and by a fine not exceeding fifty thousand dollars ($50,000).
For purposes of this section, “casualty” does not include fire.
(b) Any person who violates subdivision (a) and who has a prior conviction of the offense set forth in that subdivision, in Section 550 of this code, or in former Section 556 or former Section 1871.1 of the Insurance Code, shall receive a two-year enhancement for each prior conviction in addition to the sentence provided under subdivision (a). The existence of any fact which would subject a person to a penalty enhancement shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.
(Amended by Stats. 2011, Ch. 15, Sec. 390. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
California Law Summary
This statute makes it a felony to willfully injure, destroy, or dispose of property that is insured against loss or damage, with the intent to defraud the insurer. It applies to vehicles, buildings, and other types of insured property.
Purpose
To deter and punish insurance fraud involving the intentional destruction of insured property, which undermines the integrity of the insurance system and leads to higher costs for consumers.
Application
While primarily a criminal statute, a violation of § 548 may become relevant in fraudulent personal injury claims, staged car accidents, or suspicious property damage cases. A conviction can significantly undermine the credibility of a claim and expose parties to both civil and criminal penalties.
