Taking Advantage of a Calamity in Committing a Crime

Details
Category: Book 1- General Provisions

ARTICLE 14, PARAGRAPH 7- AGGRAVATING CIRCUMSTANCES


That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.


BASIS
- The time of the commission of the crime


REASON
- Found in the debased form of criminality met in one who, in the midst of great calamity, instead of lending aid to the afflicted, adds to their suffering by taking advantage of their misfortune to despoil them.

 

  1. The offender must take advantage of the calamity or misfortune
  2. “Chaotic condition” – not necessarily a calamity or misfortune as in the case of People v. Penjan, CA 44 OG 3349 where there was chaos due to the liberation of San Pablo