Penal Code 469 PC
PC 469 – Unauthorized Duplication of Keys to a State Building
Unauthorized Duplication of State Building Keys – Table of Contents
What is the definition of Unauthorized Duplication of State Building Keys?
Any person who knowingly makes, duplicates, causes to be duplicated, or uses, or attempts to make, duplicate, cause to be duplicated, or use, or has in his possession any key to an official building of any state agency without authorization.
What is the mental state required under Penal Code 469 PC?
Knowingly as the mental element. It is a conscious understanding of nature of the acts, and aware of the natural and probable consequences that would result from the act’s completion. Therefore, under this Statute, the person knows that duplicating a key for access into a state building for another without authorization from the owner of that key is against the law, even if they are not aware of what the purpose of entry or use of duplicating the key applies, there is an objective understanding of what could or may transpire because of giving unauthorized access to an official state building.
What is the definition of duplication under Penal Code 469 PC?
Duplication is the unauthorized creation of a key or access card. The duplication mimics similar code, method, characteristics, and kind that gives the same access as that key or card was intended. Authorized creation of that key or access card may only be entrusted to licensed lock smith or key holder, or any other by contract from the State. The tools required to duplicate must be acquired from a state or federal entity via clearance for lawful purpose.
What is the definition of possession under Penal Code 469 PC?
Possession can be actual or constructive. Actual possession is physical. Constructive possession is reach or regulated directives that demonstrate control by authorization. To apply this concept to Penal Code 469 PC, this means that a person personally created or duplicated keys or access cards that procures access to a state sponsored building; or did the same under the active control or authorization from who instructed that purpose.
What are the penalties associated with a violation of Penal Code 469 PC?
A violation of Penal Code 469 PC is chargeable as a misdemeanor. A punishment includes confinement of not exceeding 1 year in jail, and fees not exceeding $1000 dollars.
What are examples of violations of Penal Code 469 PC?
- Lisa is the principal of LA Prep. She is one of the key holders of the school building. Lisa’s friend Abel wanted his kids to use the library to study and not be disturbed. Lisa compiled. A week later surveillance footage saw a group of college age students gaining access to the school library. The result was, two packs of unused marijuana rolling papers, and a couple of Gatorade bottles that was discovered by maintenance after the weekend. The Board of Directors spoke to Lisa, who admitted to giving Abel a copy of the keys. The Board called the police. Lisa, Abel, and his kids and friends were arrested.
- Craig is an employee and technician of KeyMaster. KeyMaster has a direct government contract with the LAPD. KeyMaster’s purpose is to provide access cards to all LAPD employees. Craig not only on-call for the LAPD downtown location but has a team of 10 apprentice who assist him when needed. Craig without the authorization of his boss Gan, made several copies of his keys and gave them to his team. But under contract with the LAPD, Gan is the only one who can approve this function. Gan did not approve of the duplication. One of Craig’s apprentices on the weekend was caught by an LAPD sergeant, entering the building’s evidence room without a badge, name tag, or uniform. The Sargent questioned the purpose of the apprentice. The apprentice noted that she was in the building because she was fascinated with the LAPD. Although she did not have an unlawful purpose, she was in an extremely sensitive and exclusive area of the department. The sergeant placed the apprentice under arrest; called KeyMaster and ascertained that Gan followed protocol and did not authorize the duplication of the keys. Craig was not only fired but arrested.
What are examples of defenses for a violation of Penal Code 469 PC?
- Mistake of Law – No authorization was made for the duplication and exceeding the scope of employment.
- Mistake in Fact – The duplication was intended by the key or access cards created did not mimic the grooves, techniques, or characteristics of the intended keys or access cards and was an ineffective attempt and not a duplication.
If you are charged with a violation of Penal Code 469 PC, call The Esfandi Law Group. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group.
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