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Article 1. Driving Cattle From Their Range of California Food And Agricultural Code >> Division 10. >> Chapter 9. >> Article 1.
As used in this article, "range" means the enclosed or
unenclosed lands outside of cities, towns, and villages in this
state, whether of the public domain or in private ownership, upon
which by custom, license, or otherwise, cattle are kept or permitted
to roam and feed.
Any person that is not the owner or does not have the right
of possession of any cattle, that is found driving such cattle off
its usual range, without the consent of the owner, is guilty of grand
theft.
Notwithstanding any other law, in any action for the
wrongful taking, possessing, harboring, or transporting of cattle,
for the driving of cattle off their usual range, or for the killing
or slaughter of cattle without the consent of the owner or the person
lawfully in possession of such cattle, the detriment caused thereby
to the plaintiff shall be four times the value of the cattle at the
time of the taking, possessing, harboring, transporting, or driving,
or killing or slaughtering thereof, with interest from that time,
plus an amount in fair compensation for the time and money properly
expended by the plaintiff in pursuit of the cattle.
This section shall not apply to a secured party, as defined in
paragraph (73) of subdivision (a) of Section 9102 of the Commercial
Code, when taking possession of cattle pursuant to a security
agreement if one of the following conditions has been met prior to
movement of any such cattle:
(a) The secured party has requested and received a brand inspection of the cattle covered by the security agreement pursuant to Sections 21051.5 and 21171 of this code.
(b) The secured party has requested the inspection required by subdivision (a) and due to an insufficient amount of time to inspect the cattle prior to their movement, the brand inspector agrees to allow movement of the cattle, with inspection of the cattle to be made at their first destination prior to their commingling with any other cattle. The inspection performed pursuant to subdivision (a) or (b) shall be conducted for the sole purpose of assuring that the cattle that are moved are the same cattle subject to the security agreement. In a proper case, which shall include the killing or slaughter of cattle, exemplary damages may be awarded to the plaintiff as provided in Section 3340 of the Civil Code. The commencement of any criminal prosecution for grand theft of cattle shall not preclude or prevent the commencement of any civil action for damages, as specified in this section.
(a) The secured party has requested and received a brand inspection of the cattle covered by the security agreement pursuant to Sections 21051.5 and 21171 of this code.
(b) The secured party has requested the inspection required by subdivision (a) and due to an insufficient amount of time to inspect the cattle prior to their movement, the brand inspector agrees to allow movement of the cattle, with inspection of the cattle to be made at their first destination prior to their commingling with any other cattle. The inspection performed pursuant to subdivision (a) or (b) shall be conducted for the sole purpose of assuring that the cattle that are moved are the same cattle subject to the security agreement. In a proper case, which shall include the killing or slaughter of cattle, exemplary damages may be awarded to the plaintiff as provided in Section 3340 of the Civil Code. The commencement of any criminal prosecution for grand theft of cattle shall not preclude or prevent the commencement of any civil action for damages, as specified in this section.
(a) The judge before whom any person is tried for the
wrongful taking, possessing, killing, or slaughter of cattle without
the consent of the owner or the person lawfully in possession of
those cattle may, upon the conviction of the person tried, order the
forfeiture of any device or apparatus that is designed to be, or is
capable of being, used to commit the offense charged, and which was
used in committing the offense charged. "Device or apparatus"
includes, but is not limited to, any vehicle that is used or intended
for use in taking, possessing, harboring, or transporting the
cattle.
(b) Any device or apparatus ordered forfeited shall be sold, used, or destroyed by the department.
(c) The provisions in this section authorizing a judge to order the forfeiture of a device or apparatus are also applicable to the judge, referee, or juvenile hearing officer in a juvenile court action brought under Section 258 of the Welfare and Institutions Code.
(d) For purposes of this section, a plea of nolo contendere or no contest, or forfeiture of bail, constitutes a conviction.
(e) Neither the disposition of the criminal action other than by conviction nor the discretionary refusal of the judge to order forfeiture upon conviction impairs the right of the department to commence proceedings to order the forfeiture of property pursuant to any other provision of law.
(b) Any device or apparatus ordered forfeited shall be sold, used, or destroyed by the department.
(c) The provisions in this section authorizing a judge to order the forfeiture of a device or apparatus are also applicable to the judge, referee, or juvenile hearing officer in a juvenile court action brought under Section 258 of the Welfare and Institutions Code.
(d) For purposes of this section, a plea of nolo contendere or no contest, or forfeiture of bail, constitutes a conviction.
(e) Neither the disposition of the criminal action other than by conviction nor the discretionary refusal of the judge to order forfeiture upon conviction impairs the right of the department to commence proceedings to order the forfeiture of property pursuant to any other provision of law.
