People v. Hays

Opinion

MUDD, Acting P. J.

In this case, we hold that a violation of Business and Professions Code section 7028 is not, as a matter of law, a victimless crime. Rather, whether there is a victim of the crime is a question of fact to be determined through an evaluation by the trial court of the individualized facts of each case.

History

Respondent Clifton E. Hays entered a plea of guilty to the charge of engaging in the business or acting in the capacity of a contractor without being licensed (Bus. & Prof. Code, § 7028). The matter was set for sentencing and for a restitution hearing. The…