Shoplifting is defined in California by Penal Code 459.5 PC, which states:
“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.”
Thus, according to this definition of PC 459.5 shoplifting, a person is guilty of shoplifting if it can be demonstrated beyond a reasonable doubt that they:
1. Went into a public business
2. During regular business hours
3. With the purpose to steal something worth less than $950
A person can be convicted of shoplifting if all of the components of the offence are demonstrated by a prosecution.
What are the penalties for shoplifting under PC 459.5?
Shoplifting is often a misdemeanour offence in California, with a maximum potential sentence of:
A fine of up to $1,000 and up to six months in county prison are possible penalties.
If a person is accused of stealing or attempting to steal articles worth more than $950, he or she may be charged with Penal Code 487 PC major theft.
Grand theft is a felony punishable by up to three years in state prison.
In some cases, a defendant may face felony charges punishable by up to three years in prison and a $10,000 fine.
If the defendant has a past conviction for any of the following offences, felony sanctions apply:
- A sexual offence that calls for the registration of sexual offenders,
- Any sex crime committed on a minor under the age of 14,
- Any sexual offence carried out through the use of force, violence, or threats,
- Gross vehicular manslaughter in accordance with PC 191.5
- Assault, attempted assassination, or solicitation as defined by Penal Code 187 PC
- Any severe or serious crime punishable by death or life in prison
Letter of Civil Demand
Victimised business owners will frequently file civil claims under California Penal Code 490.5 PC.
A civil claim asks the alleged shoplifter to make restitution to the business owner for the products stolen or damaged.
These letters are delivered by law firms representing the business owners and can seek up to $500 in restitution for expenditures incurred as a result of the claimed stealing.
47th Amendment Proposition
Prior to the passage of Proposition 47 in 2014, you may have faced felony Penal Code 459 burglary charges, but now you must be charged with misdemeanour PC 459.5 shoplifting.
Anyone convicted of burglary previous to the new law and who actually committed shoplifting may ask for resentencing.
