California Shoplifting Laws: The Penalties for Petty Theft

California punishes shoplifting as theft, which may include a fine, imprisonment, or both.

Shoplifting may not seem like a big deal, but California shoplifting laws punish the crime as theft, which can is punishable by fine, imprisonment, or both depending on the situation.

Today, we’re taking a closer look at the California shoplifting laws in place to punish shoplifters.

Let’s get started …

California Shoplifting Laws

10% of Americans have admitted to shoplifting at least once. Experts estimate that stores only catch about 1 in 48 shoplifting incidents, and about 200,000 incidents were reported in California in 2014.

In other words, it’s extremely common.

But what happens when you do get caught? What are the California shoplifting laws?

Shoplifting Is “Petty Theft”

Under California shoplifting law, shoplifting is treated the same as any other kind of theft – stealing someone’s wallet, for example. It may come with both civil and criminal penalties. California splits theft into 2 classes based on the value of the stolen items: petty and grand. The criminal penalties depend on the type of theft and on your criminal record. Cal. Penal Code § 484(a) & 488 PC.

• If the items were worth less than $50 and you have no prior record, you may be charged with a petty theft “infraction.” That’s the least serious type of charge – most traffic violations are also infractions. If you’re found guilty, you may face fines of up to $250.
• If the items were worth $50 – $950 and you have no prior record, you may be charged with misdemeanor petty theft. That carries a mandatory fine of at least $50 and up to $1,000 and the potential for up to 6 months of jail time.
• If the items were worth more than $950, you may be charged with either misdemeanor or felony petty theft, depending on your history and the circumstances of the theft. You may face up to a year of jail time.
• If the item was a firearm, you may be charged with either misdemeanor or felony grand theft, depending on your record. You may face 16 months – 3 years in jail.

First-time offenders may be eligible for a pretrial “diversion program,” which is a program designed to offer an alternative to prosecution for those who have been charged with low-level crime. You may be required to work to pay back the value of the items, perform community service, and comply with other court-ordered program requirements. You may also be able to get a “plea bargain,” where you plead guilty in exchange for lesser charges and penalties. For example, you could agree to plead guilty to a misdemeanor for petty theft of $500 worth of merchandise and, in exchange, the prosecutor could agree not to ask for jail time.

If you’re an adult or an emancipated minor, California shoplifting laws also allow civil charges if the store decides to sue. If you’re held liable, you may be required to pay damages of $50-500 or the value of the merchandise, if it was damaged or lost and the store can’t resell it.

What Counts As Shoplifting?

When you think of shoplifting, you probably think of someone sticking a candy bar into a pocket or a purse and walking out the door with it. That’s correct, but it’s not the only kind of shoplifting. Some people will sneak an item out of the store and then return it for a refund. Some will find a receipt outside or in the trash, go to the store, grab a matching product from the shelf, and then try to return it for a refund. Some will switch or alter price tags in order to pay a lower price for a more expensive item – that’s also petty theft.

Defenses To California Shoplifting Charges

If you’re accused of shoplifting in California, what can you do to defend yourself? In order to prove that you’re guilty, the prosecutor will need to show that you intended to steal something. The most common defense against shoplifting charges, then, is that you didn’t intend to steal. You might argue that you forgot the item was in your hand or that you were distracted by a phone call or your kids. Store security footage might be able to back you up. That argument is easier to make with a candy bar than with a large item like a television, of course, and you may need to repay the costs to the store of catching and investigating you and pay for or return the merchandise.

The Bottom Line

It often seems like a minor crime – just a couple of dollars’ worth of lip gloss can’t hurt that much, right? However, shoplifting has a ripple effect on the rest of the economy. Experts estimate that each American family pays a “crime tax” of about $500 per year due to shoplifting, as stores raise prices to cover their losses. Even if the items are worth less than $50, it’s a crime and California shoplifting laws may leave you facing a big fine or even jail time. If you’re accused of shoplifting, you’ll need to work with an experienced California theft attorney to ensure that your rights are respected and to help you defend yourself.