California Penal Code 459.5 defines the crime of shoplifting and its penalties. This code defines the crime of shoplifting, severity thresholds on monetary amounts of items stolen, and penalties that align with those severity thresholds.
How is Shoplifting Defined?
Under Penal Code 459.5, shoplifting is the act of entering a commercial establishment and intending to commit, or committing, the act of larceny or theft during regular operating hours of the business. The value of the stolen property, or would be stolen, is not to exceed $950.
What are the Penalties for Shoplifting?
The value of the stolen goods determines shoplifting penalties; however, charges may be subject to intensification if the accused has a criminal history with previous shoplifting, sexual crimes, or violent crime charges. Penal code459.5 dictates that all charges of larceny or theft where the value of stolen goods remains below $950.00 are considered petty theft and punishable as misdemeanors. Any prior convictions under PC-667, subdivision E, paragraph 2, subparagraph c, clause iv. defined as offenses requiring registration according to subdivision (c) of Section Penal Code 290 are possibly subject to penalties under subdivision (h) of Section 1170. Penalties related to Penal Code 667 are more severe than the standard penalties for convicted shoplifters with none of the above on their criminal history. The following penalties may result from a shoplifting charge if an individual’s record does not contain any of the previously mentioned offenses:
- Misdemeanor probation
- Up to six months in county jail
- Fine of up to $1,000.00
How does Criminal History Impact Shoplifting Charges?
Specific occurrences on an individual’s criminal record could force an outcome where their guilty shoplifting charge will have more lengthy consequences, or the court may rule the crime as a felony. The following previous convictions will cause the severity of penalty to increase the individual is found guilty of shoplifting:
- Any sexually violent offense, as defined in PC-6600 (b)
- Sexually violent offenses are sex crimes that the perpetrator(s) achieves through force, violence, duress, menace, the immediate fear of bodily injury to oneself or another, or a threat to retaliate in the future against the victim or another person.
- Oral copulation with a minor under 14 years of age, if they are more than ten years younger than the perpetrator (PC-288a)
- Sodomy with a minor under 14 years of age, if they are more than ten years younger than the perpetrator PC-286)
- Sexual penetration with a minor under 14 years of age, if they are more than ten years younger than the perpetrator (PC-289)
- Any act the court classifies as lewd or portraying overt and often offensive sexual advances or descriptions of an act with a minor under 14 years of age (PC-288)
- Any homicide offense or attempted homicide offense (PC-187, PC-188, PC-189, PC-190, PC-191, PC-191.5)
- Possession of a weapon of mass destruction (PC-11418)
- Any violent felony offense punishable by life in prison or death
- Auto theft
- Burglary
- Carjacking
- robbery
Individuals charged with shoplifting and found by the court to have any of the above offenses on their criminal record may be subject to petty theft or shoplifting charges. The court will likely classify the shoplifting or petty theft charge as a felony offense in this situation.
What if a Shoplifter has a Criminal History with Multiple Petty Theft(s) and Grand Theft(s) Convictions?
The severity of shoplifting penalties increases if the shoplifter has a criminal history with other petty theft or grand theft cases. The following are possible penalties for shoplifting if the defendant has three or more convictions of petty theft or grand theft:
- Imprisonment in county jail for up to one year
- Imprisonment in county jail for 18 months
- Imprisonment in county jail for two years
- Imprisonment in county jail for three years
- Formal probation
- Fine of up to $10,000.00
Are there Other Previous Crimes that would Increase the Penalties?
Under AB-1597, any prior convictions of the above offenses may be punishable with the following penalties as a result of a shoplifting charge:
- Imprisonment in county jail for up to one year
- Imprisonment in state prison for 16 months
- Imprisonment in state prison for two years
How does the Value of Stolen Goods Impact the Penalty?
Shoplifting crimes pertain to thefts from commercial businesses during regular hours if the value of the stolen items does not exceed $950.00. If the value exceeds $950.00, the court will classify the crime as looting or grand theft. The court usually applies grand theft to cases where one individual steals from another, an employer, or an employee. Still, there are exceptional cases of grand theft that the perpetrator may reach by stealing from a commercial business. These commercial businesses in question are the same businesses that apply to shoplifting laws.
The following Forms of Theft Qualify as Grand Theft but can be Mistaken for Shoplifting or Petty Theft:
- Theft of domestic fowls, avocados, olives, citrus or deciduous fruits, or other farm crops if the wholesale value of these items exceeds $250.00
- Theft of fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products if the value of these items exceeds $250.00
Contact Pride Legal
If you or a loved one has been accused of shoplifting, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.