Understanding California Penal Code 459.5: Shoplifting Laws

California Penal Code 459.5 defines shoplifting as the act of entering an open business during regular hours with the intent to steal merchandise valued at $950 or less [1.].

Under PC 459.5, shoplifting involves taking items valued under $950 and is classified as a misdemeanor offense. It carries penalties of up to six months in county jail and a fine of up to $1,000, unless the defendant has prior convictions, which could lead to more severe consequences.

Shoplifting is generally understood as stealing items from a store without paying, a definition that holds true across most U.S. jurisdictions. A typical example of shoplifting might involve someone entering a mall store intending to steal clothes or a person going into a convenience store with the intent to steal beer. The key element here is the “intent” to steal, which plays a crucial role in determining guilt.

If you are arrested or cited for shoplifting, you may receive a civil demand letter requiring you to pay restitution or face a potential lawsuit.

Penal Code 459.5 PC states the following:

“Shoplifting is defined as entering a commercial establishment with an intent to commit larceny while it’s open during regular business hours and the value of the property taken, or intended to be taken, is $950 or less. Any other entry into a commercial business with intent to commit larceny is burglary.”

Penalties for Shoplifting Under California Penal Code §459.5(a)

If convicted of shoplifting under California Penal Code §459.5(a), the penalties can vary depending on whether the offense is charged as a misdemeanor or a felony [2.].

Felony Penalties:

Up to three (3) years in state prison.
A fine of up to $10,000.
Both imprisonment and a fine.

Misdemeanor Penalties:

Up to six (6) months in county jail.
A fine of up to $1,000.
Both imprisonment and a fine.

Shoplifting is classified as a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or a felony, depending on factors such as prior convictions for violent or sexual offenses.

“Note: Penal Code Section 459.5 is punishable under California’s “Three Strikes” system. If you accrue three “strikes” on your record, you will serve a minimum of twenty-five (25) years in a state prison.”

California Penal Code Sections 484(a) and 488 PC: Understanding Petty Theft

Definition and Key Elements of Petty Theft

Petty theft is one of the most frequently charged theft offenses in California [3.]. While many of these cases involve shoplifting, petty theft under California Penal Code Sections 484(a) and 488 PC can include any theft where:

The stolen property is valued at $950 or less.
The property was not taken directly from another person (such as in a robbery).
The stolen item is not a firearm or vehicle.

Most petty theft cases involve larceny, where the defendant is accused of shoplifting. To secure a conviction, the prosecution must prove these elements:

The defendant took possession of someone else’s property.
The property was taken without the owner’s consent.
The defendant intended to permanently deprive the owner of the property.
The defendant moved the property, even a short distance, and kept it for any period of time.
The value of the stolen property was $950 or less.

Other Theft Offenses Charged as Petty Theft

Several other theft-related crimes can be prosecuted under the petty theft statute if the value of the stolen property does not exceed $950, including:

Theft by False Pretense: This occurs when someone deceives a property owner by making false claims. For example, if someone pretends to be a parking attendant and collects fees for parking in a lot they don’t own or manage, they would be guilty of theft by false pretense.
Theft by Trick: This involves tricking someone into handing over property under the belief that it is temporary, only to keep it permanently. For instance, if a person offers to repair jewelry but never returns the items and keeps them, that person has committed theft by trick.
Theft by Embezzlement: This form of theft involves the unlawful conversion of property that was entrusted to the defendant, often seen in cases where someone in a position of trust, such as an employee, unlawfully takes funds or property they were given access to.

Petty theft charges can encompass a variety of scenarios, but the common factor is that the stolen property’s value does not exceed $950, and the theft did not involve direct confrontation or violence.

Understanding the Consequences and Legal Options for Petty Theft in California

Petty theft is typically charged as a misdemeanor in California, carrying penalties that may include up to six months in jail, fines, restitution, and stay-away orders [4.].

In some cases, prosecutors may reduce a petty theft charge to an infraction under California Penal Code Section 490.1, while others might offer first-time offenders the opportunity to complete a diversion program to avoid a criminal conviction. Additionally, you may be eligible for a civil compromise, which can also help you avoid a conviction.

“If you have a prior petty theft conviction, you could be charged with petty theft with a prior pursuant to California Penal Code Section 666. This is a “wobbler” that can be charged as either a felony or misdemeanor crime.”

A felony conviction under this statute could result in a maximum sentence of three years in state prison. A conviction for petty theft will be recorded on your criminal record, potentially impacting future employment and housing opportunities.

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References:
1. https://www.egattorneys.com/shoplifting-penal-code-459-5
2. https://www.kannlawoffice.com/california-penal-code-section-459-5-shoplifting
3. https://www.losangelescriminallawyer.pro/california-penal-code-section-484-a-pc-and-488-pc-petty-theft.html
4. https://www.cronisraelsandstark.com/petty-theft-penal-code-484

Is Shoplifting the Same as Petty Theft Under California Law?