Acosta

Under Penal Code section 502.5, a borrower under a loan secured by real estate may not intentionally harm the lender by removing statutorily specified improvements from the encumbered premises. Section 502.5 was amended to read in its present form some 91 years ago. Despite the age of the statute, we have not found a single appellate opinion, published or unpublished, in which an appellate court has reviewed a conviction under the statute. It appears we have been tasked with being the first to do so.

A jury convicted defendants Robert Conrad Acosta and Monique Evette Acosta of violating section 502.5 by taking improvements or fixtures from their foreclosed home. The jury found true the allegation that defendants took or damaged property causing a loss of over $65,000, for purposes of a “great taking” enhancement. (§ 12022.6, subdivision (a).) The court placed them on probation for five years on condition they serve jail time of 270 days.

On appeal defendants argue section 502.5 is unconstitutionally vague and that the court improperly instructed the jury on the definition of the word “fixture.” Monique further contends the court erred by instructing the jury that the…