text:
Dems Reject Work Ethic, Embrace Freeloaders
By Betsy McCaughey Published on December 29, 2021 •
The Democratic Party used to call itself the party of working people and hail the "dignity of work." No more. Now Democrats want to guarantee people who choose not to work an income funded by the suckers who do the right thing by showing up for work, caring for their family and paying taxes.
Fortunately, these self-supporting Americans just dodged a bullet. The failure to pass Build Back Better in Congress, thanks to holdout Sen. Joe Manchin (D-West Virginia) means that the monthly checks or automatic bank deposits to parents with kids, sometimes dubbed Biden Bucks, come to an end this month.
The American Rescue Plan
For working people, the monthly payments were merely an advance on their tax refunds — but parents who choose not to work have been getting no-strings money to support their nonworking lifestyle.
Using the pretext of pandemic relief, Democrats enacting the American Rescue Plan last March changed a feature of the tax code — the child tax credit available to adults who work and pay taxes — into a grant paid unconditionally and monthly to almost all adults with kids, whether they work or not.
Democrats have been pushing to extend the monthly payments through 2022 as part of the Build Back Better Act, with a plan to make them permanent.
Manchin saw right through what his party intended: a socialist-style universal basic income. Manchin objected to the unconditional monthly cash grants: "There's no work requirement whatsoever."
"Don't you think if we're going to help the children," Manchin asked, the parents "should make some effort?"
Biden's No Longer Representing Working People
So what about the Democratic Party that represents working people? President Joe Biden still talks the talk. "My Dad used to say, 'Joey, a job is about a lot more than a paycheck. It's about your dignity. It's about respect. It's about your place in the community.'"
But Biden's party is no longer walking that walk. As Rep. Gwen Moore (D-Wisconsin) told the House Ways and Means Committee during a debate over Build Back Better, "the so-called dignity of work — that's like hearing a fingernail on a chalkboard." New York Magazine's Eric Levitz calls Manchin's work ethic convictions "contemptible."
Sorry, but most Americans don't want to support the moochers.
Supporters of the monthly payments hail them as "already a huge success" for lifting millions of children out of poverty. Nonsense. That's what a working parent does. The national poverty rate fell temporarily, but the payments didn't solve the problem of parents without the mindset to support their children.
Welfare Reform — What Worked in 1996
This is deja vu. Before the 1996 welfare reform enacted by a Republican Congress and signed by President Bill Clinton, Uncle Sam used to send checks to nonworking parents. Welfare reform changed that, requiring parents to work or train for work in order to receive cash benefits. It succeeded, reducing the welfare rolls, ameliorating child poverty and helping single mothers become self-sufficient.
Yet, today's Democratic Party spurns that model. Democrats tend to blame unemployment on racism or a rigged economy and argue that people deserve dignity, whether they choose to work or not.
Of course, all human beings deserve dignity — but not a seat on the couch in front of the TV funded by people who toil.
Guaranteed Income
Democratic politicians all over the nation are pushing to provide a monthly basic income to the nonworking poor, courtesy of taxpayers. They've formed Mayors for a Guaranteed Income. Los Angeles is sending out monthly $1,000 checks to 2,000 residents.
Chicago Mayor Lori Lightfoot is using millions in federal pandemic relief funding to distribute $500 a month cash stipends to randomly chosen low-income recipients. That ought to enrage anyone who works and pays taxes.
Jobs are plentiful. The National Federation of Independent Businesses reported that over half of small business owners cannot fill positions. Small businesses are posting "Help Wanted" signs in windows.
Every time you pass one of those signs, you can thank Manchin for holding the line against making taxpayers into suckers supporting the freeloaders.
Betsy McCaughey is a former lieutenant governor of New York and author of The Next Pandemic, available at Amazon.com. Follow her on Twitter @Betsy_McCaughey. To find out more about Betsy McCaughey and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.
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Why YEG TWEETup? What's it all about?
It's a simple yet powerful concept: Putting a face to a name while promoting local businesses and charities to help create awareness, friendships and business contacts!
We try to cover all the different aspects of a meet-up, tweetup, mixer or whatever it might be. Are we trying to be everything to everyone? Probably, but I don't think that's a bad thing!
YEGTweetup has taken 'tweetups' (meet-ups with Twitter folks) and combined it with your typical business networking mixer to create a powerful and popular concept that brings together dozens, each month.
We do various size events catering to each business based on their desires and we work directly with them to create an outstanding event. These are very individualized as each business has their own set of challenges. We pride ourselves on investing that time in putting together a campaign designed for YOU and not a cookie cutter event.
We double as a local event listing page and a great resource for those looking at what upcoming events they can attend. There are many great organizations offering various events, campaigns and charitable causes and we love to be a part of as many as possible. Check back on our "Events" tab as often as possible to keep yourself updated!
We have just recently celebrated our 2 year anniversary (January 2015) of YEGTweetup and we are astounded at the momentum it has created. This has become a wonderful resource for many and an exceptional way for small local business to create awareness of their brand while being dialled in on their local audience.
We look forward to meeting new friends, forming new business connections and help in being a small part of keeping our local economy with small businesses, thriving. The #ShopLocal concept is far more than a fad and we want to help as much as possible.
I'd LIKE TO GET INVOLVED!
If your business would like the opportunity to host a YEGTweetup event to add another layer of non-tradtional advertising to your current mix, please contact us here or send us an email to info@yegtweetup.ca and we can customize a plan to best fit your demand and budget. Events are on a first come, first served basis and we generally book 2-3 months in advance.
Kim has a passion for promoting Edmonton and area small businesses! It's all about networking and creating a casual environment for all these amazing people to meet via Social Media. We create monthly events/mixers for people to network and just enjoy an evening with friends all while learning about the host venue! Putting a face to a name while helping businesses create a level of exposure is what this is all about!
It's a simple, yet powerful concept!
Kim was born and raised in Edmonton, and attended Northern Alberta Institute of Technology (NAIT) where she took the Business Administration program majoring in Marketing. Previously she was working as a Business Development Officer for an award winning Safety Training company.
The idea of YEGTweetup was born from her instant love of Twitter! As she started to learn about Twitter and how tight-knit the Edmonton and area community is, the "support local" idea of YEGTweetup began to form. An avenue was needed to connect local business owners to local consumers and the birth of YEGTweetup seemed to fill a niche immediately.
At my first event in September 2012, I met Steve and we realized we shared the same passion to network with other business minded people, from the Twitterverse and within the community.
Kim is involved within the community supporting organizations such as the Bissell Centre, Edmonton Public Schools Foundation, Onsite Placement Services and formerly involved with the Oilers Octane cheer team.


text:
France guide
Villa Kérylos, Alpes-Maritimes visitors guide
Visit Villa Kérylos, France
Villa Kérylos is an impressive villa on a peninsula in the town of Beaulieu-sur-Mer on the French riviera. The house is named after the Greek word Kérylos, which means "swallow of the sea" and is a reference to the flying fish that used to be seen in the water here.
Explore Villa Kérylos
Villa Kérylos is a most unusual idea: at the beginning of the 20th century (from 1902-1908) the architect Emmanuel Pontremoli designed a villa for his client, Théodore Reinach, that was a recreation of a Greek villa.
Both Mr Reinach and Mr Pontremoli were enthusiasts of Ancient Greece and their goal was to combine the main elements of a Greek villa of the 2nd century BC as found on the island of Delos with the furnishings and comforts of a belle epoque villa, the more common architectural style in France at the beginning of the 20th century.
The project started by selecting a very impressive location, on a headland on the French riviera in the town of Beaulieu-sur-Mer with views across the Mediterranean and across to Cap Ferrat. It was thought that the site was similar to the coast that would be found in Greece. The views from the villa are a significant part of the appeal of the project.
Although the outside of Villa Kérylos appears rather basic (and modern in design), no expense was spared on the interior which includes various features based on marble, alabaster and exotic woods, all work carried out to a very high quality.
Among the most obviously Greek elements in Villa Kerylos is the arcade room, with its marble columns around the edges. It is the surfaces of the rooms that is the most impressive, with almost all surfaces having received great attention to detail, from the mosaics on the floor and the frescoes on the walls, to the carefully painted wood beams of the ceilings. Numerous statues, vases and other decorative elements also help to recreate the epoque of the Ancient Greeks.
Although the combination of early 20th century furniture with Greek architecture does not always seem ideal, the furniture is based on items of real furniture from Ancient times as found in Pompeii and the project works very well.
Among the unusual features, the dining room has beds rather than chairs so that meals could be enjoyed while lying down, and the desks are designed to be used while standing up instead of sitting down! The salons dedicated to art and music are also among the highlights of a visit, and the bathrooms are also quite extraordinary and luxurious.
The Ville Kerylos is open all year except January 1, May 1, November 1, November 11 and December 25. It opens at 10.00 each day and closes between 17.00 and 19.00 depending on season (the later time is from June to September).
Admission was rather expensive (about 12 euros) but although a visit to Ville Kerylos only takes about an hour, it is so unusual and well designed, especially the mosaics and the views, that we recommend you visit the villa when you are in the area. If you are also visiting Villa Ephrussi a reduced price ticket is available to visit both villas.
We visited in June and Villa Kérylos was very quiet, so I don't think you need be concerned about crowds spoiling your visit. The main photo that we have used above requires that you pass a closed gate with a 'no entry' sign and walk out along the edge of the port. The gate was unlocked when we visited so we could get passed it...
The principal attractions nearby are the charming resort of Beaulieu-sur-Mer and the Cap Ferrat peninsula. Note that on Cap Ferrat you can also visit the Villa Ephrussi, surrounded by garden and very different in style to Villa Kerylos, and also well worth visiting.
You can find more local travel ideas in the Alpes-Maritimes guide and the Provence guide.
Hotels in and near Beaulieu-sur-Mer
Map of Villa Kérylos and places nearby
Visit near Villa Kérylos with France This Way reviews
Villa Ephrussi
Cap Ferrat
The Jardin Exotique d'Eze
... or see ALL recommended places to visit in Alpes-Maritimes
Plan your visit to Villa Kérylos, Alpes-Maritimes
Attractions, markets, places near Villa Kérylos
Alpes-Maritimes places to visit
Sightseeing & tourist attractions to visit nearby
Jardins Ephrussi de Rothschild: remarkable garden
Parc zoologique du Cap Ferrat: zoo or wildlife park
Nice: secteur sauvegarde (5 km)
Jardin botanique: remarkable garden (5 km)
Tete de Chien: site of natural beauty (6 km)
Cascade de Gairaut: site of natural beauty (7 km)
Trophy of Augustus: national monument (7 km)
Parc Phœnix: zoo or wildlife park (10 km)
Sainte-Agnes: most beautiful village (15 km)
Palais Carnolès: remarkable garden (16 km)
Serre de la Madone: remarkable garden (16 km)
La citronneraie: remarkable garden (16 km)
The French version of this page is at Villa Kérylos (Francais)
Beautiful scenery and villages along the Lot river
French Riviera by train
Explore the stunning French riviera by train

redpajama_set_name: RedPajamaCommonCrawl


Disclaimer: By no means do we (AllForKids) claim that this is a comprehensive list of all vaccines available in India. We do not through this article endorse or recommend any particular product over other products. It is for the parents and their pediatrician to decide on the most appropriate vaccine to suit the specific need and situation of their child.
Tdap/DTaP vaccines which are now available in India is a newer version of DTP vaccine. Tdap/DTaP vaccine which contains acellular pertusis vaccine is safer as it causes lesser adverse reactions than the older DTP vaccine. This means lesser pain at injection site and lesser incidents of fever after vaccination. The vaccine is supplied in India by two major vaccine manufactures: as Infanrix/Boostrix by GSK and as Tripacel by Sanofi Pasteur. The U.S.'s Advisory Committee on Immunization Practices (ACIP) recommends that children receive DTaP instead of DTP and adolescents receive Tdap vaccine instead of TT Booster at age 10 and 16 years.
Oral Polio Vaccine is a live-attenuated vaccine given as drops to children. This is the most common mode of polio vaccine in India. However , most developed countries have long back switched to Injectable Polio Vaccine (IPV). Injectable Polio Vaccine or Inactivated Polio Vaccine contains killed virus and thus eliminates the chances of any occurrence of vaccine associated paralytic poliomyelitis and any vaccine induced wild polio outbreaks.
Recently Government of India decided to start introducing Injectable Polio Vaccine from 2009 starting with 9 districts of Uttar Pradesh and gradually expand it nationwide.
Generally the cost will be less compared to taking the vaccines separately.
Efficacy of some combination vaccines available in India have not been proven by sufficient studies and as such we do not regularly recommend many of the combinations available in the market.
So wherever possible parents should insist on single dose vaccines for your child.
Vaccines are actually very safe, despite implications to the contrary in many anti-vaccine publications Most vaccine adverse events are minor and temporary, such as a sore arm or mild fever. These can often be controlled by taking Paracetamol before or after vaccination. More serious adverse events occur rarely (on the order of one per thousands to one per millions of doses), and some are so rare that risk cannot be accurately assessed. As for vaccines causing death, again so few deaths can plausibly be attributed to vaccines that it is hard to assess the risk statistically. Of all deaths reported to VAERS (Vaccine Adverse Event Reporting System in the USA) between 1990 and 1992, only one is believed to be even possibly associated with a vaccine. Each death reported to VAERS is thoroughly examined to ensure that it is not related to a new vaccine-related problem, but little or no evidence suggests that vaccines have contributed to any of the reported deaths or serious side effects. The Institute of Medicine in its report states that the risk of death from vaccines is "extraordinarily low." Any such extremely low risks from vaccines pale in comparison to the chances of complications of many serious diseases they protect against.
USA has a very extensive VAERS (Vaccine Adverse Event Reporting System) and reporting any actual or suspected adverse events are mandatory for all healthcare providers by law. Also the FDA and other federal agencies keep a close tab on vaccine safety. Unfortunately in India such systems are practically non-existent or poorly managed. Hence the best possible course of action is to stick to the recommendations from the US as far as vaccine safety is concerned.
Vaccines should be administered only by a Pediatrician or at least a nurse with adequate pediatric training and experience.
It is better if the provider is keeping an electronic medical record system to keep track of the vaccinations provided to your child with its batch number.
Reading this article does not establish a patient-provider relationship between you and AllForKids for any of its doctors. You use any of the information provided in this document at your own risk.
Copyright © 2014. Valuehealth ventures.


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At Chemel Kornick & Mooney, LLC, we specialize in providing high quality tax services to corporations, partnerships, executives, family offices, high net worth individuals, trusts, and businesses in varying industries that have complex tax planning and compliance issues.


Taking pictures of strangers – to ask or not to ask?
Candids, or photos taken of people who are unaware they are being photographed, often result in the most interesting and emotive images a photographer can produce. These images are valued primarily for the emotions they convey and the stories they tell. However, by definition such images are an invasion of privacy and require an intimacy with the subjects that is essentially taken without consent. But if you first ask someone if it is okay to take a photo, the essence of the moment you are observing is fundamentally altered and many photographers would argue, gone forever. What to do?
Though there are two scenarios where candid photography is essential – event photography and street photography – the challenge of whether to ask or not is one mainly faced by street photographers.
In event photography, the photographer is a professional hired by their clients who often explicitly request a selection of good candids of attendees interacting with one another. Attendees are aware that they are going to be photographed – often through the placement of a sign at the entrance to the event or through explicit consent forms signed ahead of time – so the event photographer generally faces no dilemma and in fact, is encouraged to take as many strong candids as possible as these are the kinds of photos both clients, and subjects alike prefer when reviewing the final set of deliverables post-event.
Don't take photographs that could in any way embarrass, endanger or otherwise inflict any kind of harm on your subjects.
Don't take any photographs of people in cultures where taking photographs is feared or frowned upon, for whatever reason without getting clear consent first.
There is something inherently opportunistic with taking photos surreptitiously. The very word "snap-shot" implies a quick, reflexive response to something noticed that will quickly disappear. That precise combination of composition, lighting, and subject matter that makes for a perfect photograph is often ephemeral.
This is both the thrill and the challenge of taking candid images, of course. Getting it all right in just an instant is where the skill lies. A photographer whose aims are to capture meaningful candid images must practice almost daily to develop the reflexes and familiarity with his or her equipment in order to be there when things are happening, and be able to get the shot when they do.
For the same reason, it makes it very difficult, if not impossible, to ask for consent to take a photograph in the same moment that the image presents itself to your eye.
You get the best results in street photography when you are discreet both in your manner and the gear you are using. Whether you are at home or travelling your street photography can benefit from taking an anthropological approach. Having knowledge of an area (often gained by having walked around it extensively), understanding they kinds of people who frequent it, what they are doing there and how the lighting and ambience of the place will change over the course of a day and into night, all contribute towards your ability to capture stunning street portraits and capture powerful images that tell stories and convey a sense of place.
Embed yourself in an a "target rich" environment until you effectively meld into the background, then wait before taking any photographs. Anyone who's ever enjoyed the practice of street photography will develop a sense of where good photos are likely to come from. Even though the moments that occur are randomly generated by the multifactorial interactions of strangers, time, the position of the sun in the sky and countless other factors, a photographer with a good eye will sense a place rich in potential and spend more time there.
There is no question, from an aesthetic point of view, that candid images are generally more appealing and more potent than posed images of the same subjects, or images in which the subjects know they are being observed.
The act of observing something inherently changes that which is being observed. This is one of the mind-bending results of a thought experiment known as Schrödinger's cat by Austrian physicist Erwin Schrödinger in trying to describe the way two different quantum states can co-exist, or be in "superposition" until observed in which instant the superposition collapses into one or another of possible definite states.
While I don't suggest taking photographs of two strangers kissing on a park bench in Paris is the equivalent of conducting one's own quantum physics experiment, it is true that the kiss would be changed or possibly not transpire at all if the photographer gently nudged into their embrace and asked if it would be okay to snap a shot of them.
Ultimately, as is the case I hope every time you press the button on a camera, use your judgement. Take only photos you would be proud to share and show the world, and that enhance or elevate your street photography subjects, or that expose a story or place that brings a higher level of awareness and sensitivity to a wider audience for a subject you actually care about and are trying to make a difference in. In the end, there are no strangers in photography. Under the gaze of your lens, everyone is a somebody if you accord each individual with the respect – and compassion – each and every one of us deserves.
Candid photography lies at the very heart of why people love photographs in the first place. By all means you should pursue it as an art, a hobby or a professional practice. I believe the best photos are the ones where the photographer has gained an implicit trust from his or her subjects. This is gained through the sheer force of personality, the proof of the work you have already undertaken, and the evidence you demonstrate of having integrity whenever and whereever you and your camera are.


What happens if I breed my MAX heart Sylveon?
i was wondering if its Affection would go down. it's female, so I wanna breed it to have more of its hidden ability. i'm scared to do it, though.
No, its affection won't go down. I've bred plently of Pokemon with high affection levels, and they have not lost any hearts at all.
thank you SO much. i was worried that i would lose 1+ of the 4 hearts i worked so hard for. i just have 1 more question: how should i advertise a Hidden Ability Eevee? it won't let me put in 'Anticipation'.
What move did Sylveon use in the trailer?


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Penal Code 487d1 - California "Grand Theft Automobile" Law
Auto theft or vehicle theft in California can actually lead to charges for one of two different offenses. These are:
Grand theft auto (sometimes called "GTA") under Penal Code 487(d)(1) PC . . . which is a form of the crime of grand theft,1 and
The unlawful taking or driving of a vehicle (often known as "joyriding") under Vehicle Code 10851 VC. 2
The difference between the two offenses basically revolves around how long you intended to keep the car you took.
If you intended to keep the car permanently or for a substantial period of time, you will likely be charged with grand theft auto under Penal Code 487(d)(1) PC.
But if you just intended to take the car for a short spin, there is a good chance you will be charged with joyriding under Vehicle Code 10851 VC.3
Even though auto theft rates have been declining steadily in America, law enforcement agencies still put a lot of effort into solving and prosecuting vehicle theft cases. In 2011, 85% of all automobiles stolen in California were recovered.4
Examples of the California crime of grand theft auto include:
Stealing a car to use as a getaway car from another crime,
Stealing a car intending to sell it for parts, but then getting cold feet and abandoning it (this would be charged under Penal Code 487(d)(1) PC), and
Taking someone else's car intending only to ride in it for a couple of hours with your friends and then leave it behind in the neighborhood where you found it (this would be charged under Vehicle Code 10851 VC).
Grand theft auto under Penal Code 487(d)(1) PC is technically a wobbler in California law.
This means that they both may be charged as either a misdemeanor or a felony, depending on (1) the circumstance of your case, and (2) whether you have any prior convictions for this or other offenses.5
But in practice, GTA under Penal Code 487(d)(1) PC is usually charged as a felony. As such, it carries a potential jail sentence of:
sixteen (16) months, two (2) years or three (3) years.6
In contrast, unlawful taking of a vehicle is usually charged as a misdemeanor for first offenses. The potential penalties include:
a fine of up to five thousand dollars ($5,000), and/or
imprisonment in the county jail for up to one (1) year.7
An experienced California theft crimes defense attorney may be able to help
you get your vehicle theft charges reduced or dismissed. There are several legal defenses that could be helpful with this, including:
You did not intend to steal (for GTA under Penal Code 487 PC only),
The car actually belonged to you . . . or you believed it did,
The person who owned the car consented to you taking it, and/or
You were falsely accused.
In order to help you better understand the crime of California auto theft (both California grand theft auto under Penal Code 487(d)(1) PC and joyriding under Vehicle Code 10851 VC), our California criminal defense attorneys will address the following:
1. The Legal Definition of California Grand Theft Auto (Penal Code 487(d)(1) PC)
2. The Legal Definition of California "Joyriding"
3. Penalties for Vehicle Theft in California
3.1. GTA (Penal Code 487(d)(1) PC) penalties
3.2. Unlawful taking of a vehicle penalties
4. Legal Defenses to Vehicle Theft/Grand Theft Auto Charges
5. Grand Theft Auto/Joyriding and Related Offenses
5.1. Penal Code 459 PC burglary and auto burglary
5.2. Penal Code 215 PC carjacking
5.3. Penal Code 496 PC receiving stolen property
5.4. Penal Code 488 & 490.2 PC petty theft
If after reading this article, you have additional questions, we invite you to contact us at Shouse Law Group.
The legal definition of the grand theft auto (or "GTA") in California involves several "elements" of the crime. These are facts that the prosecutor must be able to proven in order for you to be found guilty of GTA.
The elements of California GTA under Penal Code 487(d)(1) PC are:
You took a car owned by someone else;
The car was worth more than nine hundred fifty ($950) dollars (in most cases);
You didn't have permission from the owner to take the car;
When you took the car, you intended either
a. to deprive the owner of it permanently, or
b. to take it away from the owner of it for a period of time long enough that s/he would be deprived of a significant portion of the value or enjoyment of it; AND
You moved the car (this can be a very short distance) and kept it for a period of time (however brief).8
Many people think that luxury cars are common targets of auto theft. But in fact, one of the most commonly stolen cars in California is the humble Honda Accord...thanks to the active market for parts for this car.
Example: Miguel is unemployed and having major financial troubles. He knows some people who have made money stealing cars and selling them for parts . . . and has thought about doing this himself from time to time.
One day he sees a pizza delivery car pull up in front of his neighbor's house. The delivery man leaves the engine running when he takes the pizza up to the house.
Miguel sees his chance, runs out to the pizza delivery car, and starts to drive away in it. He is vaguely thinking he will be able to make some money by selling it.
But after he has driven a couple of blocks, Miguel gets cold feet. He turns off the engine, exits the delivery car, and tries to run away...but is immediately apprehended by a policeman who was parked in the vicinity.
If the prosecutor can prove that Miguel intended to keep the car and sell it for parts, then he may be convicted of GTA...even though he only actually drove the car a short distance and possessed it for a short time.
The elements above make up the legal description of the most common form of grand theft auto - also known as grand theft auto by larceny. However, you can also commit the crime of grand theft auto by doing any of the following:
Using false pretenses (that is, a lie or deceit) to persuade someone to give you ownership of their car,
Using a trick to persuade someone to let you take possession of their car, or
Using embezzlement to take someone else's car...or, in other words, abusing a position of trust to take someone else's car.9
Example: Marlene needs some bodywork done to her car, but she doesn't have the money to pay for it.
Lily, an acquaintance Marlene knows through her church, tells Marlene that she (Lily) has a friend who is an auto body mechanic and sometimes fixes people's cars for no charge as an act of charity. Lily offers to take Marlene's car to this mechanic for her, and Marlene gives her the keys.
But Lily does not take Marlene's car to a mechanic. Instead, she gives it to her teenage son as a gift.
Lily has committed grand theft auto by trick . . . and can be charged and convicted just as if she had hotwired and stolen a stranger's car.
The legal definition of an "unlawful taking of a vehicle" (aka "joyriding") is somewhat different from that of GTA. The elements of the crime of joyriding are:
You took or drove someone else's vehicle without their consent, and
When you took the car, you intended to deprive the owner of it for any period of time.10
So the main difference between California GTA and California "unlawful taking or driving of a vehicle" is:
For California GTA, you need to have intended to steal the car permanently or for a long enough period of time to deprive the owner of significant value or enjoyment of it, BUT
For California "unlawful taking of a vehicle"/joyriding, you just need to have intended to deprive the owner of the car for any period of time...even half an hour or less!11
Hotwiring a car is a common method of accomplishing either grand theft auto or unlawful taking/driving of a vehicle.
Example: Eric drives an old, beat-up car. He has a date scheduled with a woman he has met online, and he really wants to impress her.
As luck would have it, his neighbor and friend Frank is on vacation and has asked Eric to water his plants for him . . . so Eric has keys to Frank's house and can enter his garage. Frank has also left behind his new BMW.
So Eric "borrows" Frank's car for the night and returns it after his date is over.
Eric has committed the California crime of joyriding even though he never actually intended to steal Frank's car...or even deprive him of any significant value or enjoyment of it.
Another interesting difference between grand theft auto and joyriding is this:
As we discussed in Section 1 above, you can be convicted of GTA even if you had the owner's permission to take their car...provided that you obtained that permission through false pretenses/fraud or trick.12
However, if you have the owner's permission to take his/her car, you are not guilty of unlawful taking of a vehicle under Vehicle Code 10851 VC, period...even if you obtained that consent through fraud or deceit!
Example: Let's say Eric wants to use his neighbor Frank's new luxury car to impress a date...but Frank is not on vacation.
Eric doesn't think Frank will let him borrow the car for a date, so he makes up a story. He says that a friend of his wants to use a car like Frank's for a movie shoot...and that the owner of the car will get a credit at the end of the movie and a personal thank-you note from the famous star.
Frank is tempted by this and lets Eric take the car out for an afternoon and evening, thinking it will go to the movie shoot. In fact, Eric uses the car to take his date out.
Eric is not guilty of joyriding because he had Eric's permission to drive his car...even though he obtained that permission by means of a trick.
Grand theft auto under Penal Code 487(d)(1) PC is a form of California grand theft (Penal Code 487 PC) and carries the same penalties as that crime.13
Therefore GTA is what is known as a wobbler in California law.14 This means that-in theory-it may be charged as either a misdemeanor or felony, depending on
The circumstances of the offense, and
The defendant's criminal history.
However, in practice, California prosecutors -- such as the offices of the Los Angeles County District Attorney and the Orange County District Attorney -- usually charge grand theft auto as a California felony.
The felony penalties for GTA in California are
sixteen (16) months, two (2) years or three (3) years in jail,15
a fine of up to ten thousand dollars ($10,000),16 or
both imprisonment and the fine.
Penalty enhancements for high-value cars
And if you happen to steal a particularly expensive car, you can receive an additional and consecutive prison sentence, as follows:
One (1) additional year if the car was worth more than sixty-five thousand dollars ($65,000), or
Two (2) additional years if the car was worth more than two hundred thousand dollars ($200,000) -which is rare but not unheard of (see, for example, this Ferrari priced at almost twice that amount)!17
Joyriding / unlawful taking of a vehicle VC is also -- technically -- a wobbler.18 But unlike Penal Code 487 GTA, joyriding charges are usually filed as a misdemeanor for first offenders.
If you are charged as a misdemeanor, the maximum penalties are:
up to one (1) year in county jail, and/or
a fine of up to five thousand dollars ($5,000).19
But note that the prosecutor always does have the option of charging the offense as a felony. If s/he does so, you may face a sentence of:
sixteen (16) months, two (2) years, or three (3) years in county jail,20 and/or
Penalties for joyriding in an ambulance, police vehicle, or disabled placard vehicle
The penalties for unlawful taking or driving of a vehicle may increase if the vehicle you took was any of the following:
An ambulance on an emergency call,
A distinctively marked law enforcement or firefighting vehicle on an emergency call, or
A vehicle modified for the use of a disabled person which displayed a distinguishing license plate or placard (like a disabled parking pass).22
Joyriding in any of these types of vehicles is a felony. It will carry a sentence of:
two (2), three (3) or four (4) years in jail, and/or
But note that this additional penalty only applies if you knew -- or reasonably should have known -- that the vehicle was of one of these types.24
Example: On a dare, Scott, a high school student, takes a spin around town in a car that was parked on the street. He is later caught and charged with joyriding.
It turns out the car belonged to a disabled veteran and was modified for that person's use. The veteran did have a disabled parking placard . . . but it was hidden away in the glove compartment when Scott took the car.
The prosecutor probably cannot show that Scott knew or should have known that he had taken a disabled person's car, so Scott probably will not face enhanced felony penalties for his joyriding charge.
Prior felony vehicle theft convictions
The penalties and sentencing for a joyriding violation change if you have any of the following on your record:
One (1) or more prior convictions for felony joyriding,
One (1) or more prior convictions for felony grand theft auto under Penal Code 487(d)(1) PC, or
One (1) or more prior convictions for stealing cargo worth more than $950 in violation of Penal Code 487h PC (this is a variation on the California crime of grand theft).25
If you have any of these prior convictions, then your unlawful taking of a vehicle charges will necessarily be felony charges. The potential sentence will be:
two (2) three (3), or four (4) years in jail, and/or
a maximum fine of thousand dollars ($10,000) fine.26
As you can see, both grand theft auto and unlawful taking or driving of a vehicle can be very serious charges in California.
Fortunately, with the help of an experienced California criminal defense lawyer, you may be able to get your charges reduced or dismissed by using certain common legal defenses.
Some legal defenses that may apply to vehicle theft charges include:
Lack of intent (for Penal Code 487 PC GTA only)
If you are charged with grand theft auto under Penal Code 487(d)(1) PC, you may be able to fight the charges by arguing that you did not intend to steal the car. This is because intent to steal is an essential part of the legal definition of GTA...as it is with all forms of California grand theft.27
But note that this defense will not work against charges of joyriding...since intent to steal is not required under that law.28
According to Lancaster criminal defense attorney John Murray29 :
"When my clients are caught in someone else's car without permission, one strategy we always discuss is arguing that they didn't have the intent to steal, which is required by California's grand theft auto statute. If we can convince the prosecutor they don't have enough evidence of intent, it may be possible to get the charges reduced from GTA to 10851 VC joyriding...usually a misdemeanor that carries lighter penalties and is much less of a problem on someone's record."
Claim of right
Of course, you can't be convicted of grand theft auto or joyriding if the car you were driving actually belonged to you.
Not only that...but you can't be convicted of grand theft auto if you had a good faith belief that the property belonged to you . . . regardless of whether that belief was correct.30
Example: Brad is going through a messy divorce. One day when he desperately needs a ride, he goes to his ex-wife's house-which until recently was his house-and takes one of the cars that he and his wife had shared. Brad is not aware that the car's title is only in his wife's name...and that the current draft of the divorce settlement has her getting the car.
Brad may be able to defend himself against grand theft auto charges by arguing that he reasonably believed the car still belonged partially to him.
Owner's consent
If the owner of the car that you allegedly stole consented to you taking the car, there is no theft . . . either grand theft auto or unlawful taking / driving of a vehicle.
As we mentioned above, consent is a defense to charges of joyriding (but not to GTA under Penal Code 487 PC) even when you obtained that consent by fraud or trick.31
However, consent is not a defense just because the owner may have given you permission to use his/her car in the past.32 Also, your use of the car must fall within the scope of the consent the owner gave.
As with all California crimes, people are falsely accused of GTA and joyriding all too often.
Maybe an ex-boyfriend or ex-girlfriend had given you permission to use his/her car...and then tried to "take back" that permission after a fight. Or maybe you were with a group of friends who committed joyriding together...and the others are asking you to take the fall.
A good criminal defense attorney can help piece together the important facts and poke holes in the prosecution's evidence...to help make sure that justice is done in this sort of case.
There are several related California crimes that are often charged along with -- or instead of -- California vehicle theft (either GTA or joyriding). Some of these are:
A Penal Code 459 PC California burglary is defined as entering a building or other enclosure with the intent to commit a felony or petty theft once inside.33California auto burglary is the same thing -- except that it involves entering a car, instead of a building, intending to commit a felony or theft.34
So let's say you are alleged to have entered someone's garage to steal their car. You might be charged with both California burglary (for entering the garage) and grand theft auto (for taking the car).
Or let's say you are alleged to have broken into a car intending to steal it. In that case, you may be charged with auto burglary -- even if you didn't actually succeed in stealing the car!
Burglary is a felony, carrying a possible sentence of:
16 months, or two or three years in county jail.
But the penalty can be up to six (6) years in California state prison -- if it is committed in an inhabited house or trailer (that is, where someone is currently living).35
If the allegation is that you took someone's car from them directly, using either physical force or the fear of physical force to get them to give you the car . . . you may be charged with both vehicle theft and Penal Code 215 PC California carjacking.36
Carjacking is a felony and carries a state prison sentence of three (3), five (5) or nine (9) years.37
Also, carjacking is considered a "violent" felony in California law...which means that it is a "strike" offense under California's Three Strikes law.38 For this reason, it is especially crucial to fight the carjacking charges if you find yourself charged under both California's carjacking law and one of California's vehicle/auto theft laws.
Penal Code 496 PC, California's receiving stolen property law, makes it a crime to do any of the following things with property you know to be stolen:
buy,
receive,
conceal,
sell, or
withhold
the stolen property.39
Under California law, you cannot be convicted of both receiving stolen property and the actual theft of the property.40 Therefore, you are unlikely to be charged with both receiving stolen property and grand theft auto under Penal Code 487(d)(1) PC.
But Vehicle Code 10851 VC joyriding is a different story. If you buy or receive a vehicle that you know to be stolen...and then drive that vehicle...you may be charged with both receiving stolen property (for getting the car in the first place) and California joyriding (for driving the stolen car...naturally without the owner's consent).
However, whether you can be convicted of both receiving stolen property and unlawful taking or driving of a vehicle is a tricky question. Generally speaking, if you receive or help someone conceal a stolen car...and then are charged with unlawfully driving it for a completely different act, usually occurring on a different day...you can be convicted of both.41
Example: Ricardo was given a stolen car on February 3. On February 7, he was caught and arrested while driving it. Because the act of receiving the car ... on February 3...and the act of unlawfully driving it (four days later) were separate, he can be convicted of both receiving stolen property and Vehicle Code 10851 VC joyriding.42
5.4. Penal Code 488 & 490.2 petty theft
If you are accused of stealing a car worth nine hundred fifty dollars or less ($950), you will be charged with California petty theft instead of grand theft auto.43
This is true for all defendants except those with sex offense convictions that require them to register under California's sex offender act, and those with certain serious felony convictions (including murder, rape, sexually violent offenses, and child molestation) on their record.44
California petty theft is a misdemeanor carrying maximum penalties of six (6) months in county jail and/or a fine of up to one thousand dollars ($1,000).45
Note that this was not always the case. Prior to the passage of the voter initiative Proposition 47 in November 2014, all cases of auto theft in California were considered grand theft auto--regardless of the value of the vehicle.
Therefore, if you have a felony grand theft auto conviction for stealing a car worth less than $950, you may be able to appeal your sentence under Proposition 47.
If you or loved one is charged with Penal Code 487(d)(1) PC grand theft auto and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
To learn about the crime of grand theft (grand larceny) auto in Nevada, you may visit our page on the crime of grand theft (grand larceny) auto in Nevada.
¿Habla español? Visite nuestro sitio Web en español sobre las leyes de robo de automóviles en California.
1 Penal Code 487 PC - Grand theft [including grand theft auto] defined. ("Grand theft is theft committed in any of the following cases: (a) When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b ). . . . (d) When the property taken is any of the following: (1) An automobile . . . .")
See also Penal Code 484 PC - Theft [including grand theft auto] defined. ("Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft.")
2 Vehicle Code 10851 VC - Theft and unlawful taking or driving of a vehicle [joyriding]. ("a) Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing, is guilty of a public offense and, upon conviction thereof, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code or by a fine of not more than five thousand dollars ($5,000), or by both the fine and imprisonment.")
3 See same.
4 Department of California Highway Patrol, Vehicle Theft Statistics for 2011, Sept. 10, 2012.
5 See endnote 2, above.
See also Penal Code 489 PC - Grand theft [including grand theft auto]; punishment. ("Grand theft is punishable as follows: (a) If the grand theft involves the theft of a firearm, by imprisonment in the state prison for 16 months, or two or three years. (b) If the grand theft involves a violation of Section 487a, by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. The proceeds of this fine shall be allocated to the Bureau of Livestock Identification to be used, upon appropriation by the Legislature, for purposes relating to the investigation of cases involving grand theft of any animal or animals, or of the carcass or carcasses of, or any portion of the carcass or carcasses of, any animal specified in Section 487a. (c) In all other cases, by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.")
See also Penal Code 1170(h)(1) PC -- ("Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years.")
8 Judicial Council of California Criminal Jury Instructions ("CALCRIM") 1800 - Theft [including grand theft auto] by Larceny (Pen. Code, § 484). ("To prove that the defendant is guilty of this crime, the People must prove that: 1 The defendant took possession of property owned by someone else; 2 The defendant took the property without the owner's [or owner's agent's] consent; 3 When the defendant took the property (he/she) intended (to deprive the owner of it permanently/ [or] to remove it from the owner's [or owner's agent's] possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property); AND 4 The defendant moved the property, even a small distance, and kept it for any period of time, however brief.")
See also Penal Code 490.2 PC – Petty theft; punishment of certain repeat offenders. ("(a) Notwithstanding Section 487 or any other provision of law defining grand theft [including grand theft auto], obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.")
9 Penal Code 484 PC - Theft [including grand theft auto] defined, endnote 1, above.
10 CALCRIM 1820 - Unlawful Taking or Driving of Vehicle [Joyriding], (Veh. Code, § 10851(a)(b)). ("To prove that the defendant is guilty of this crime, the People must prove that: 1. The defendant took or drove someone else's vehicle without the owner's consent; AND 2. When the defendant did so, (he/she) intended to deprive the owner of possession or ownership of the vehicle for any period of time.")
11 Penal Code 484 PC - Theft [including grand theft auto] defined, endnote 1, above.
12 People v. Cook, (1964) 228 Cal.App.2d 716, 719. ("The above mentioned cases constitute specific applications of the basic common law rule that, unless there is statutory language to the contrary, whenever lack of consent is a necessary element of a crime, the fact that consent is obtained through misrepresentation will not supply the essential element of nonconsent [for a joyriding/unlawful taking of a vehicle conviction].")
See also CALCRIM 1820 - Unlawful Taking or Driving of Vehicle [Joyriding], Related Issues. ("The fact that an owner's consent was obtained by fraud or misrepresentation does not supply the element of nonconsent.")
13 Penal Code 487 PC - Grand theft [including grand theft auto] defined, endnote 1, above.
14 Penal Code 489 PC - Grand theft [including grand theft auto]; punishment, endnote 5, above.
15 See same.
16 Penal Code 672 PC - Offenses for which no fine prescribed; fine authorized in addition to imprisonment. ("Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies [such as felony grand theft auto], in addition to the imprisonment prescribed.")
17 Penal Code 12022.6 PC. ("(a) When any person takes, damages, or destroys any property in the commission or attempted commission of a felony [including felony grand theft], with the intent to cause that taking, damage, or destruction, the court shall impose an additional term as follows: (1) If the loss exceeds sixty-five thousand dollars ($65,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, shall impose an additional term of one year. (2) If the loss exceeds two hundred thousand dollars ($200,000), the court, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, shall impose an additional term of two years.")
18 Vehicle Code 10851 VC - Theft and unlawful taking or driving of a vehicle [joyriding], endnote 2, above.
20 See same. See also Penal Code 1170(h)(1) PC, endnote 5.
21 Penal Code 672 PC, endnote 16, above.
22 Vehicle Code 10851 VC - Theft and unlawful taking or driving of a vehicle [joyriding]. ("(b) If the vehicle is (1) an ambulance, as defined in subdivision (a) of Section 165, (2) a distinctively marked vehicle of a law enforcement agency or fire department, taken while the ambulance or vehicle is on an emergency call and this fact is known to the person driving or taking, or any person who is party or an accessory to or an accomplice in the driving or unauthorized taking or stealing, or (3) a vehicle which has been modified for the use of a disabled veteran or any other disabled person and which displays a distinguishing license plate or placard issued pursuant to Section 22511.5 or 22511.9 and this fact is known or should reasonably have been known to the person driving or taking, or any person who is party or an accessory in the driving or unauthorized taking or stealing, the offense is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years or by a fine of not more than ten thousand dollars ($10,000), or by both the fine and imprisonment.")
23 See same, Theft and unlawful taking or driving of a vehicle [joyriding].
25 Vehicle Code 10851 VC - Theft and unlawful taking or driving of a vehicle [joyriding]. ("(e) Any person who has been convicted of one or more previous felony violations of this section, or felony grand theft of a vehicle in violation of subdivision (d) of Section 487 of the Penal Code, former subdivision (3) of Section 487 of the Penal Code, as that section read prior to being amended by Section 4 of Chapter 1125 of the Statutes of 1993, or Section 487h of the Penal Code, is punishable as set forth in Section 666.5 of the Penal Code. The existence of any fact that would bring a person under Section 666.5 of the Penal Code 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.")
26 See same. See also Penal Code 666.5 PC. ("(a) Every person who, having been previously convicted of a felony violation of Section 10851 of the Vehicle Code [joyriding], or felony grand theft involving an automobile [GTA] in violation of subdivision (d) of Section 487 or former subdivision (3) of Section 487, as that section read prior to being amended by Section 4 of Chapter 1125 of the Statutes of 1993, or felony grand theft involving a motor vehicle, as defined in Section 415 of the Vehicle Code, any trailer, as defined in Section 630 of the Vehicle Code, any special construction equipment, as defined in Section 565 of the Vehicle Code, or any vessel, as defined in Section 21 of the Harbors and Navigation Code in violation of former Section 487h, or a felony violation of Section 496d regardless of whether or not the person actually served a prior prison term for those offenses, is subsequently convicted of any of these offenses shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or a fine of ten thousand dollars ($10,000), or both the fine and the imprisonment.")
27 CALCRIM 1800 - Theft [including grand theft auto] by Larceny, endnote 8, above.
29 Lancaster criminal defense attorney John Murray is a highly regarded criminal defense and DUI lawyer working throughout Los Angeles, Orange, and Ventura counties. He has secured numerous "not guilty" verdicts in cases involving both the California Penal Code and the California Vehicle Code (including section 10851, California's joyriding law).
30 People v. Tufunga, (1999) 21 Cal.4th 935. ("The claim-of-right defense [to grand theft, including grand theft auto, charges] provides that a defendant's good faith belief, even if mistakenly held, that he has a right or claim to property he takes from another negates the felonious intent necessary for conviction of theft or robbery. At common law, a claim of right was recognized as a defense to larceny because it was deemed to negate the animus furandi, or intent to steal, of that offense.")
31 CALCRIM 1820 - Unlawful Taking or Driving of Vehicle [Joyriding], Related Issues. ("The fact that an owner's consent was obtained by fraud or misrepresentation does not supply the element of nonconsent.")
32 Vehicle Code 10851 VC - Theft and unlawful taking or driving of a vehicle [joyriding]. ("(c) In any prosecution for a violation of subdivision (a) or (b), the consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of the owner's consent on a previous occasion to the taking or driving of the vehicle by the same or a different person.")
33 Penal Code 459 PC - Burglary and auto burglary [may be charged along with grand theft auto]. ("Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. As used in this chapter, "inhabited" means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises.")
34 See same, Burglary and auto burglary [may be charged along with grand theft auto].
35 See Penal Code 460 PC; Penal Code 461 PC.
36 Penal Code 215 PC - Carjacking [may be charged along with vehicle theft]. ("(a) "Carjacking" is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear. (b) Carjacking is punishable by imprisonment in the state prison for a term of three, five, or nine years.")
38 California Penal Code 667.5 PC. ("(c) For the purpose of this section, "violent felony" shall mean any of the following:...(17) Carjacking, as defined in subdivision (a) of Section 215.")
See also California Penal Code 667 PC - California's Three Strikes Law. ("(b) It is the intent of the Legislature in enacting subdivisions (b) to (i), inclusive, to ensure longer prison sentences and greater punishment for those who commit a felony and have been previously convicted of serious and/or violent felony offenses.")
39 Penal Code 459 PC - Receiving stolen property [may be charged along with Vehicle Code 10851 VC joyriding in certain circumstances]. ("(a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, if the district attorney or the grand jury determines that this action would be in the interests of justice, the district attorney or the grand jury, as the case may be, may, if the value of the property does not exceed nine hundred fifty dollars ($950), specify in the accusatory pleading that the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year. A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property.")
41 CALCRIM 1820 - Unlawful Taking or Driving of Vehicle, Bench Notes. ("If the defendant is charged with unlawfully driving or taking an automobile and with receiving the vehicle as stolen property, and there is evidence of only one act or transaction, the trial court has a sua sponte duty to instruct the jury that the defendant cannot be convicted of both stealing the vehicle and receiving a stolen vehicle.")
42 Based on People v. Strong, (1994) 30 Cal.App.4th 366, 375-76.
43 See Penal Code 490.2 PC – Petty theft [charged instead of grand theft auto for low-value cars]; punishment of certain repeat offenders, endnote 8, above.
44 Same.
45 Penal Code 490 PC – Petty theft; punishment [charged instead of grand theft auto for low-value cars]. ("Petty theft is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or both.")


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Navigating the modeling world as a plus size model has been nothing short of tough. It started as a little bit of fun and a confidence boost – but there are a lot of ridiculous and pointless roadblocks to becoming "successful" despite walking a London catwalk, having a photo on Vogue Italia website, and a collection of glossy magazines with my face in them as long as my arm.
We need models with wobbly bellies and stretch marks, laughing through double chins, enjoying life and not giving a damn about anyone else. I got into modeling to show other women – and more importantly, the next generation – just where their beauty lies, and ways we can choose to honour ourselves, and other women. I put my images out there in the public eye in the hope that I can inspire others to find their own beauty. We need to celebrate beauty and humanity in all forms.
The truth is, I faced a harsh reality when I started to build a portfolio 8 years ago. I was told by the photographers I admired that I shouldn't dream too much of being a model because even by plus size standards I was both too big and too short. I was informed to "just enjoy yourself". I so wanted to prove them wrong, and to an extent, I did.
The more success I had, the more I wanted to push myself, but the more closed doors I've found, the more demoralized I feel. I found the agencies ignoring me. The major agencies, too, remain somewhat limited on the models they take in. When advertising defines "plus models" as a narrow ideal of beauty as tall and "proportionate" in a UK size 8 to perhaps a size 14, maybe a 16. If you aren't the Ashley Graham, hourglass, topping out at a UK size 16 ideal (the very beginning of plus size), from my experience, agencies don't even dignify you with an answer. Tess Holiday is what seems to be the only exception.
It can sometimes feel that the same faces are chosen to represent or become spokesmodels to companies time after time. The rate of representation in agencies is disproportionate. Agencies seem happy to have their "token" plus size model. While these models have clearly worked hard to get to the top, once there the agency does very little to open up the forum to others. Really, if I'm honest, there aren't many diversely sized plus size models about that don't fit the traditional hourglass aesthetic, with little to no belly, the smallest amount of rolls and not an inch of cellulite. One of my designer clients often complains bitterly that she can't find diverse models of larger sizes and has given up going to agencies altogether.
God forbid you even mention the problem! Indeed, when I vented on my personal page and made the mistake of naming one model I felt I was in the shadows of, I unwittingly opened myself up to a barrage of comments basically insinuating that I was expecting instant success, and was made to eat humble pie for even daring to consider myself in the same light. At least, that's how it felt, and it sent my mind to a dark place for a while. It makes me wince, somewhat, to be referred to as a model since then despite being in Italian Vogue.
I recently spoke to someone I shot with quite regularly while I was at university. We spoke about the current state of modeling in London, he is making a well-earned living doing what he's always loved doing. During that conversation, he told me that absolutely, London is the place to be to take what I do to the next level. Generally, 9 times out of 10, it's been difficult to be seen beyond the handful of models that reside around the London area; there is an immediacy there that frankly won't be achieved by hiring someone like myself. I live in Cornwall and it certainly does make things tougher. I could take myself on a train to anywhere, no problem; but when there are so many popular models close by, why bother looking further afield.
Being a plus size model, there is a lot of self-promotion involved. One of my latest portfolio shoots fell apart piece by piece as members of my team dropped out eventually making it impossible to continue. If it's not the odd paid advert on Facebook, I am, quite frankly, sticking my nose in and offering myself, contacting companies myself. After all, how does anyone know I'm there if I'm not making my presence known?
Body positivity has become the latest trendy buzzword. Just recently, Boohoo's #allgirls campaign fell short rather recently, despite not featuring a single plus size model. Several large and successful companies loudly wave the body positive flag and end at a size 24. Or worse, Forever 21's recent "inclusive" line up to a 3XL which turns out to only be a UK 18. Countless more companies are following the lead of major agencies and opt to use a straight size model and pad her out, so even a plus size woman isn't fit for the role of plus size model. Indie+Design has had a couple of rants on this already (padding plus size, inclusivity myth). What hope do we stand to find a model that represents us if even the plus size models aren't plus size, really?!
This has been somewhat difficult; to know where to put my energy. Companies paying lip service for the sake of money isn't one of them. Neither are agencies who promote only the one token plus size model. I feel we need better examples of plus size models out there instead of models that want to remove the term "plus size" and replace it with "curvysexylicious", models that are body positive "so long as you're healthy", and models who disrespect their fans and snub them in the street. If we want recognition of plus size to be permanently in the mainstream we need more representation at the agency level otherwise plus size will once again, go to the back of the closet.


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Postcard from Lille, Part 43
Wood and Organs
14th December 2019 Always Worth Saying Arts, Culture, Hobbies, Holiday, Travel 0
Lille, La Voix du Nord
© Always Worth Saying, Going Postal 2019
Sunday got off to a strange start, as I hadn't changed the time on my phone and the rotter hadn't changed itself. My team turned up for the rendezvous an hour late. We're stopping in two different hotels about a quarter of a mile apart, next to Lille Europe and Lille Flandres railway stations respectively. The ladies, Team A (wife, daughter and a niece) are sharing the room at Novotel Lille Europe, myself and number three son, Team B, at Novotel Lille Flandres. There is a Team C, my oldest son, who prefers to kip in his university accommodation, 'La Salon Anglais' rumoured to be a specially chosen under-the-staircase shoebox full of wires and junction boxes, specially reserved for the English. Look out for a door on a basement corridor with a series of notes pinned to it demanding bureaucracy and outstanding monies.
We wander the narrow, cobbled streets and from a small shop buy some light bites for breakfast. I am looking out for a church. We stroll past St Maurice the Closed (for renovation) and find that it's open. Inside, there is a religious service being prepared but it looks as though it's for the boy scouts, some of whom appear to be girls in boy's uniforms. Very French.
We wander on, zigzag through the back streets and happen upon Lille Cathedral. We are fashionably early for Sunday mass. It is freezy cold. There are electric bar heaters hanging from the ceiling at the end of each row of pews. As the gentleman in a party of six, I sit furthest away from them and freeze.
Asked to pin an architectural style, I would call out 'long and thin'. The guide books prefer 'gothic revival'. Work began in 1854, and if you think that the modern end is rebuilt war damage caused by several years of stout defence against the Germans, you'd be as disappointed as a squaddie east of Dunkirk waiting for French reinforcements.
It's modern because it wasn't finished until 1999. Yes, it took the French 150 years to build Lille cathedral (one hundred and twenty yards long). Visitors to my own debatable lands, with their mellow river valleys (before the mountains) will note that our Roman Wall, no doubt built with local stout-hearted English labour, (one hundred and twenty-eight thousand yards long) was built in fourteen years. Just saying.
The cathedral's stone work is plain, a revival of the 'early', and certainly not the 'Victorian', gothic. Imagine the Houses of Parliament with all of their embellishment removed and just the basic shape remaining. Perhaps as if a burnt-out wreck? One lives in hope.
But I must say, in deference to Johnny Frenchie, the music was absolutely beautiful. In the French style, a cantor led and conducted from the lectern, accompanied by an organ. Your author is a bit of a 'belt them out at the top his voice' kind of chap. If our never-ending trip to Lille returns to Cold War Budapest and is made into a film (and it should be), you will see (and unfortunately hear) him, thumping out the hymns (in mangled Finno-Ugric) at the Inner-City Church in Pest, opposite the central public market, accompanied by the very organ that Liszt composed on. I know lots of tunes but I only know one note.
The modern end of Lille Cathedral is in the Minecraft style, consisting of concrete blocks with a central marble window, topped by circular glass. It is by the Irish architect Rice and is constructed in his own style, panels held together without a surrounding frame but by wire mesh attached to ball bearings embedded into the marble. Recall his internal glasswork on the Lloyds building in London.
Lille Cathedral
From the outside it looks very grey, in keeping with the surrounding stonework, especially on an overcast November Sunday morning, but from the inside, it looks likes … what does it look like? The marble is supposed to cast a blue-yellow colour down the aisle as if is a heavenly almighty is in attendance. I must be honest dear reader; I just don't remember. Perhaps my mind was distracted? Girls dressed as boys, beautiful singing, stout defence against the occupiers, even an organ. The decades melt away. The world changes shape. The Almighty reminds me to a different life.
We're in a taxi heading for San Augustin church in Intramuros, Manila, for the Pope's vigil. I am dressed as an English travelling gentleman but with free-sample locally made cotton trousers which are, embarrassingly, straining about my dressing side. We will trick ourselves into the Papal vigil, as has a Muslim terrorist who has stolen a march on us, disguised as a catholic priest.
When I say we, I mean myself and my business associate, Gisele, who has pinned her hair up, used dirt off the floor to give herself a shadow around the chin and is therefore, with her disguise, a woman in her underwear, disguised as a boy, dressed as a priest. Her 'day' clothes are in a little pile between us on the rear seat of the taxi. This demands a German word, might I suggest 'Madchenjugepriestervortauschen'? A bit of a mouthful, I decide to try to remember call her 'Father Gerald' instead.
Now, is there a long philosophical debate to be had about thoughts, intentions and actions? Are thoughts neutral with a very large firewall between thinking something and acting upon it? No doubt there are a variety of contrary views. My fellow hills and lakes man David Starkey (despite his media reputation), not the rudest man in Kendal let alone the rudest man in Britain, decided that the collective name for historians was a 'menace'. Might I suggest the collective noun for philosophers might be a 'contradiction'?
They say Gandhi slept soundly and un-tempted on a bed of nails next to the undressed prettiest girl on the ashram. A better man than me. I must sit on my hands, looking at the floor, trying to think of something to stifle nature while Gisele snuggles into me, you'll re-call as a girl, dressed as a boy, dressed as a Catholic priest. One envies St Bernard whose cave was next to a thorn bush, available for rolling about in naked whenever the flesh called. Gisele drops her voice and whispers to me,
'The Moro can't have a bomb as we disrupted the bomb factory.'
I reminded 'Fr Gerald' that the Moro wouldn't have a knife or gun either as we'd all be searched going into San Augustine church.
'What for a weapon, kick and punch the Pope?' Fr Gerald wondered.
Cursed by a bright idea, her voice rose in excitement,
'Albs and tassels, tying the hands and feet together,' she ventured.
'Or binding round the neck and throttling, Father Gerald?', I countered while noticing the taxi driver looking at us in rearview mirror.
'I've always dreamed of doing that to a Moro,' Gisele observed.
The taxi driver coughed.
At San Augustine, Gisele paid the blushing taxi driver, pointed at the clothes on the back seat and reminded him to,
'Take my blouse, shorts and little ankle socks to the Orchid Hotel, twelfth floor.'
'Father Gerald?'
She lowered her voice, pressed her chin to where her Adam's apple might be and had another try.
'A friend's clothes, of course.'
While we're on a run with collective nouns, may I suggest that there was a college of clergy about San Augustine? I've also heard tell of a 'lechery of priests' which, prior to this taxi ride, I had always assumed meant something less literal in Church Latin.
The outside of San Augustine is unassuming, almost as if a small-town Iberian parish church, which would have been the reference when it was completed by the Spanish in 1607. It is rather squarely proportioned, which wasn't uncommon in the archipelago in those times, as it would be expected to act as shelter during typhoons. A small enclosed square lies before it, as might be sketched by a late 15th-century provincial Spanish architect, ideal for, on holy days and High Saturdays, the fat men of the village to squash a donkey to death. One might think.
And there we were, standing on either side of a low wire metal barrier, myself, despite the demeanour of an English gentleman, refused entry. Gisele, in clerical clothes, had been allowed past and was itching to enter the church. Our tale brought us here previously, when praying at seven places in seven hours, but we were rushed and the description was brief. Inside, San Augustine Church is of a baroque style, imagine a half-sized St Paul's Cathedral – all columns and arches. The arched ceiling is painted as relief giving an exaggerated sense of depth to represented religious symbols such as angels, animals, floral motifs and rosettes decorate. A French word beckons, 'trompe l'oeil', fools of the eye.
How do I know all of this? The guide told me on our previous visit. Which gives me an idea. I whisper across the barrier to Gisele.
'You know your obsession with network-network, contacts-contacts, business cards and swapping cell-phone numbers with everything that draws breath?'
Gisele made her 'err-err' noise.
'Call that guide girl and tell her to get me in.'
Ten minutes later I was standing around the corner waiting for my cell-phone date. She arrived beaming and covered in security passes, thrilled to bits that she was about to get to see the Pope. No, she couldn't get me through the barriers and guards, but I should follow her all the same. Because of the constant brown-outs, everybody carried a tiny pocket torch. The two of us set off, she leading the way, our little torch beams dancing across the cobbles, scattering the cockroaches and attracting the moths. We stopped halfway down a little lane. There was a grate to lift and beneath it some steps which led us downwards, into the subterranean dark.
'The battle of Manila, mister,' my guide girl explained, 'the occupiers dug a warren of tunnels.'
If you're ever been on a guided tour of some great ancient monument and the party of Japanese tourists behind you have suddenly appeared ahead of you, got to the café before you and avoided the gift shop altogether, now you know how they did it. I stooped my way along a tunnel, up a spiral staircase and into the church. If I kept on going upwards, the guide girl assured me, I could hide in the choir loft. I thanked her and continued up the steps.
Thank God for mono-culturalism, apart from myself, the Pope and our terrorist, everyone present was from South East Asia or China. From above, our Moro disguised as a priest should have been sticking out like a sore thumb.
San Augustine Church, Manila
San Augustin Church Manila, Richard Eusebio – Licence CC BY-SA 3.0
I recced the nave. I'd been hoping that everyone would be wearing different vestments, with our terrorist dressed in the Archdiocese of Kandahar (twinned with Peshawar) away kit. But they were all clad the same, all in white. This made Gisele impossible to spot too.
I made a local cell-phone call, from the choir loft to the nave.
'Where are you?' I asked Gisele.
A little arm shot up, right beside the altar. She'd pushed her way to the front of the church (surprised?) to be as close to the Pope as possible. In fairness to her, it was also the most likely place for an assassin to be.
'Where is he?' Gisele asked.
'All I can see is the backs of heads,' I replied.
I can hear you, dear reader, say, 'It's rude to use your phone in church.' It would have been even ruder to abandon the Pope to a gruesome fate. Cell-phones were still in their Genesis and the protocols weren't quite set in stone. Likewise, if Gisele tucked the phone into her cassock's hood and lent her head to one side to hold it there, it made the phone difficult to see. If, from a distance, she looked like a boy dressed as girl with a deformed neck, then all the more reason for a neutral to assume that a provincial family, in a conservative island nation, might have pointed him/her away from the family farm and towards a nearby monastery.
You'll recall that I don't know what a Catholic priest wears under his cassock or how they manage to tie their cords and tassels with only one pair of hands? I do know how they spot a fellow Catholic at an unfamiliar church. As soon as the Catholic walks into a church they will look from left to right for the holy water. Likewise, to the uninitiated, there are all types of confusing bobbings up and down during a service. As the Papal vigil began, a bell tolled and all the clergy in the church stood up – except one.
'There he is,' I whispered to Gisele, 'Beside the isle, right-hand side, my right-hand side, he's bobbing up and down at all the wrong times, right beside the aisle.'
This was also another obvious place from which to attack the Pope. Gisele pushed her way out of her pew, turned and walked back slowly, looking at faces. The music began, a lovely mellow sound. Here's something you weren't expecting, as the Pope's entourage began to process, the Litany of the Saints was being played on a bamboo organ.
'Mary and Joseph, pray for us.'
Gisele tried to make eye contact and nod at some of the fathers, to give the impression she was supposed to be walking up the aisle in the wrong direction. She arrived at our suspect.
'Michael and all angels, pray for us.'
She stood at the end of his row. She put one hand on the back of the terrorist's pew and another hand on the pew in front of him, blocking his way. She pushed into his pew and stood beside him.
They say you shouldn't meet your heroes and you might not want to meet a notorious bomber. I was almost sure it was Ramzi Yousef, who'd previously tried to blow up the World Trade Centre with a car bomb and therefore had a two-million-dollar reward about him. Rather slightly built, like myself, he was not a fighting man. He had only one eye and one of his hands was withered, presumably from a bomb-making accident.
'Isaac, Sarah, Abraham, pray for us.'
Not sure what he was going to do to the Pope, give him a three-fingered slap? And trust he was aiming at the right person with the help of his one eye? Gisele and Yousef were talking to each other. Gisele repeated the conversation to me over the cell-phone. He had informed her that Allah was the greatest of all Gods and proceeded, somewhat predictably, to threaten death to America.
'Pass the phone to him, Gisele, I want to have a word with him.'
'Peter, Paul and Andrew, pray for us.'
I introduced myself with, 'I'd love to promise you a free and fair trial, Mr Yousef, but instead the Americans are going torture you and turn your brain to mush.'
Both of the litany's continued.
'Mary Magdalene, Veronica, pray for us.'
'A curse upon the Jews.'
'Then they'll hand you over to those Jews, who will use you for sport.'
'The Jews destroy my people, a curse upon the Jews.'
Then he offered me a bribe.
Pin sharp readers may have noted our confrontation lacks a wrestling match at the head of a falls, a motorbike chase across the roof of a public market or a triangulation of crossfire from a sandy knoll opposite the Corazon Aquino Book Depositary in Caloocan City. There is a reason for that.
'Stephen, Philip and Cornelius, pray for us.'
In these politically correct times of inclusion and one-sided compromise, it's just a matter of time before there's a Saint Judas, and when so, his name should be inserted into the litany here. You may recall me telling you that the drunkenness of youth always passes as if a fever? And that it passed for me on a kerbside on a bad day in the tropics? Close enough. If I'd said, 'Hiding in the choir loft, on the phone to a Moro who was next to a girl, dressed as a boy, dressed as a priest, while the Pope walked past to the accompaniment of a bamboo organ,' then you wouldn't have believed me.
I took a deep breath and whispered my answer to him.
Meanwhile, the litany had reached,
'All you holy men and women, pray for us.'
To be continued …….
© Always Worth Saying 2019
https://going-postal.com/wp-content/uploads/2019/12/Lille-part-43.mp3
Adeste, Fideles
AWS, News at Ten, in Church
22nd September 2020 Always Worth Saying Arts, Christianity, Journalism, Literature, Media, Philosophy, Television 0
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30th October 2018 Jonathon Davies Hobbies, Photography, Travel, Walking 0
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The Swaling, Part Nineteen
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iPhone and iPod Touch users will soon be able to get Amazon's Kindle capabilities on their favourite smartphone as the world's biggest etailer has announced that it will be releasing a Kindle app in the UK and in 60 other countries.
The e-reader application will allow Amazon customers to purchase books from the Kindle store (presumably using the iPhone's 3G connection), download and read them as well as changing the font size as well as the number of words displayed on each line.
Users will also be able to preview books before committing to a purchase. For fortunate users that own both the Kindle and the iphone, the free app will sync both items so you can read your books on either device seamlessly.
The release of the Kindle App on Apple's platform means that Amazon might be pre-empting the launch by Apple of its forthcoming tablet early next year, most probably at the CES 2010 in Las Vegas. Interestingly, the application allows colour content to be displayed.
Ian Freed, vice president of Amazon Kindle, commented on the release saying that "The Kindle for iphone App is the perfect companion for customers who own a Kindle or Kindle DX, and a great way for customers around the world to download and read books even if they don't yet have a Kindle".
A Mac version should be available fairly soon as will as Blackberry version. There are no news as to whether Amazon plans to release it for the Android platform or for the Symbian environment. 2010 will surely be the year of the tablet device with Asus, Apple, Barnes and Nobles and many others vying for a burgeoning market.


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Lil Uzi Vert Hints At Wanting A Verzuz Battle
Image via HNHH
Lil Uzi Vert says he wants to battle, prompting fans to suggest artists he can face off against on Verzuz.
Is Lil Uzi Vert opening up to the idea of participating on Verzuz? He very well may be.
The hits battle has been gaining in popularity all year, serving as an entertaining means for music fans to relive nostalgic moments during the quarantine. Even as some cities are fully open, Verzuz has been breaking records with the second season, which has seen Jeezy and Gucci Mane go head-to-head. More face-offs have been announced but one person that has been heavily requested for the platform is Lil Uzi Vert.
Despite him only being 26-years-old, Lil Uzi Vert keeps coming up in Verzuz conversations as a potential candidate. While he has not been confirmed for the challenge, his latest message about wanting to face someone is prompting fans to come up with similar artists that he can go up against.
"Let's battle," wrote the rapper on Instagram Stories with a checkmark and a money bag emoji.
He didn't mention anything about Verzuz, but the fans are running off and saying that he should battle Rich The Kid, given their past beef. Another suitable candidate has been Playboi Carti. With his resurgence this week, the elusive Atlanta star might actually be open to heading onto the platform to compete with Uzi.
Tabatha Fireman/Getty Images
Do you think Lil Uzi Vert is still too young to go onto Verzuz or do you think he has enough hits to participate?
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