2009 California Penal Code - Section 560-560.6 :: Chapter 12.5. Crimes Involving Bailments

PENAL CODE
SECTION 560-560.6

560.  Any bailee, as defined in Section 7102 of the Uniform
Commercial Code, who issues or aids in issuing a document of title,
or any person who secures the issue by a bailee of a document of
title, or any person who negotiates or transfers for value a document
of title knowing that the goods for which such document is issued
have not been actually received by such bailee or are not under his
control at the time of issuing such receipt shall be guilty of a
crime and upon conviction shall be punished for each offense by
imprisonment in the state prison or by a fine not exceeding ten
thousand dollars ($10,000) or by both.

560.1.  Any bailee, as defined in Section 7102 of the Uniform
Commercial Code, who fraudulently issues or aids in fraudulently
issuing a receipt for goods knowing that it contains any false
statement shall be guilty of a crime and upon conviction shall be
punished for each offense by imprisonment not exceeding one year or
by a fine not exceeding one thousand dollars ($1,000) or by both.

560.2.  Any bailee, as defined in Section 7102 of the Uniform
Commercial Code, who delivers goods out of the possession of such
bailee knowing that a negotiable document of title the negotiation of
which would transfer the right to the possession of such goods is
outstanding and uncanceled without obtaining possession of such
document at or before the time for such delivery shall, except for
the cases in Sections 7210, 7308, 7601 and 7602 of the Uniform
Commercial Code, be guilty of a crime and upon conviction shall be
punished for each offense by imprisonment not exceeding one year or
by a fine not exceeding one thousand dollars ($1,000) or by both.

560.3.  Any person who deposits goods with a bailee, as defined in
Section 7102 of the Uniform Commercial Code, to which he has not
title or upon which there is a security interest and who takes for
such goods a negotiable document of title which he afterwards
negotiates for value with intent to deceive and without disclosing
his want of title or the existence of the security interest shall be
guilty of a crime, and upon conviction shall be punished for such
offense by imprisonment not exceeding one year or by a fine not
exceeding one thousand dollars ($1,000) or by both.

560.4.  Any bailee, as defined in Section 7102 of the Uniform
Commercial Code, who issues or aids in issuing a duplicate or
additional negotiable document of title for goods knowing that a
former negotiable document of title for the same goods or any part of
them is outstanding and uncanceled without plainly placing upon the
face thereof the word "duplicate," except in cases of bills in a set
and documents issued as substitutes for lost, stolen or destroyed
documents, shall be guilty of a crime and upon conviction shall be
punished for each offense by imprisonment in the state prison or by a
fine not exceeding ten thousand dollars ($10,000) or by both.

560.5.  Where there are deposited with or held by a warehouseman
goods of which he is owner either solely or jointly or in common with
others such warehouseman or any of his officers, agents, or servants
who knowing of this ownership issues or aids in issuing a negotiable
document of title for such goods which does not state such
ownership, shall be guilty of a crime and upon conviction shall be
punished for each offense by imprisonment not exceeding one year or
by a fine not exceeding one thousand dollars ($1,000) or by both.

560.6.  (1) A corporation, firm, or person, and its or his agents or
employees shall not issue, sell, pledge, assign, or transfer in this
State any receipt, certificate, or other written instrument
purporting to be a warehouse receipt, or in the similitude of a
warehouse receipt, or designed to be understood as a warehouse
receipt, for goods, wares, or merchandise stored or deposited, or
claimed to be stored or deposited, in any warehouse, public or
private, in any other state, unless such receipt, certificate, or
other written instrument has been issued by the warehouseman
operating such warehouse.
   (2) A corporation, firm, or person, and its or his agents or
employees shall not issue, sell, pledge, assign, or transfer in this
State any receipt, certificate, or other written instrument for
goods, wares, or merchandise claimed to be stored or deposited, in
any warehouse, public or private, in any other state, knowing that
there is no such warehouse located at the place named in such
receipt, certificate, or other written instrument, or if there is a
warehouse at such place knowing that there are no goods, wares, or
merchandise stored or deposited therein as specified in such receipt,
certificate, or other written instrument.
   (3) A corporation, firm, or person, and its or his agents or
employees shall not issue, sign, sell, pledge, assign, or transfer in
this State any receipt, certificate, or other written instrument
evidencing, or purporting to evidence, the creation of a security
interest in, or sale, or bailment, of any goods, wares, or
merchandise stored or deposited, or claimed to be stored or
deposited, in any warehouse, public or private, in any other state,
unless such receipt, certificate, or other written instrument plainly
designates the number and location of such warehouse and contains a
full, true, and complete copy of the receipt issued by the
warehouseman operating the warehouse in which such goods, wares, or
merchandise is stored or deposited, or is claimed to be stored or
deposited. This section shall not apply to the issue, signing, sale,
pledge, assignment, or transfer of bona fide warehouse receipts
issued by the warehouseman operating public or bonded warehouses in
other states according to the laws of the state in which such
warehouses are located.
   (4) Every corporation, firm, person, agent, or employee, who
knowingly violates any of the provisions of this section is guilty of
a misdemeanor, and shall be fined not less than fifty dollars ($50)
nor more than one thousand dollars ($1,000), and may in addition be
imprisoned in the county jail for not exceeding six months.


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