Penal Code 459.5 PC | Shoplifting Laws in California

Penal Code 459.5 PC - Shoplifting Laws in California

California Penal Code 459.5 PC defines the misdemeanor crime of shoplifting as entering a commercial establishment during regular business hours with the intent to steal merchandise valued at $950 or less.

If found guilty of shoplifting, you could be subject to a range of penalties, including probation, fines, restitution, and a potential six-month stint in county jail. These consequences underscore the seriousness of the offense and should serve as a stark warning against engaging in such activities.

Penal Code 459.5 PC - Shoplifting Laws in California

PC 459.5 PC shoplifting is entering a store with the intent to steal merchandise valued at $950 or less.

The full text of PC 459.5 says, "(a) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950).

Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except that a person with one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290 may be punished pursuant to subdivision (h) of Section 1170.

(b) Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property."

PC 459.5 shoplifting is always a misdemeanor crime, punishable by up to six months in county jail and a fine of up to $1,000 unless the defendant has one or more prior convictions.

If you find yourself in the unfortunate situation of being arrested or cited for shoplifting, you can expect to receive a civil demand letter. This letter will inform you that you must pay restitution or face the possibility of a lawsuit. This financial burden is an additional consequence of shoplifting that should not be taken lightly.

Simply put, California shoplifting laws make it a crime to steal goods from a commercial establishment. Shoplifting typically involves stealing an item from a store without paying for it.

A "commercial establishment" is defined as a place of business established to exchange goods or services. Prosecutors typically have one year (statute of limitations) after the alleged shoplifting to press charges against you.

Before Proposition 47 was passed in 2014, you could face Penal Code 459 burglary charges with felony penalties, but now you must be charged with misdemeanor PC 459.5 shoplifting. Anyone convicted of burglary prior to the new who actually committed shoplifting is eligible to apply for resentencing.

What Must Be Proven to Convict?

Based on the definition of Penal Code 459.5 PC shoplifting, the prosecutor must prove all the elements of the crime beyond a reasonable doubt to convict you, such as:

You entered a commercial business open to the public,
You entered during normal business hours, and
You had the intent to steal something worth $950 or less.

Suppose the DA is able to prove all these above elements. In that case, you could be convicted of shoplifting. Notably, you do not even have to leave the store with the merchandise to be guilty of shoplifting. The prosecutor's primary focus in a shoplifting case is the criminal intent, which is often challenging to prove.

How can the prosecutor prove what you were thinking when you entered the store?

If your behavior within the store suggests that you are attempting to steal an item, then that evidence could be used to prove an intent to steal.

Suppose you enter a store after business hours with the intent to steal. In that case, you could be charged under other laws, such as PC burglary or PC 602 trespassing.

What Are Related Laws to Shoplifting?

Several California crimes are related to Penal Code 459.5 shoplifting, such as the following:

Penal Code 484 PC - Petty theft. This law involves stealing someone's property or services, and that property or services are worth $950 or less. This is the lesser charge for shoplifting if the DA cannot show you had an intent to steal when you entered the store.
Penal Code 666 PC - Petty theft with a prior. This law punishes repeat offenders. Suppose you commit a petty theft crime but already have a conviction for other types of theft crimes, such as grand theft, robbery, or burglary. In that case, you could face increased penalties. .
Penal Code 487 PC - Grand theft. This law involves stealing someone's property valued at more than $950. It does not matter whether the property is inside a store. A conviction carries up to three years in prison and up to $10,000.
Penal Code 459 PC - Burglary. This law involves entering a residential or commercial structure or a locked vehicle with the intent to commit grand larceny, petit larceny, or any felony offense.
Penal Code 602 PC - Trespassing. This law involves entering or remaining on someone's property without consent or without a right to be there. If you are accused of trying to steal something from a store after business hours, you might be charged with both trespassing and burglary.

What is a "Shopkeeper's Privilege?"

The principle of "shopkeeper's privilege" under California law allows store owners or merchants to detain someone if they have probable cause they are guilty of Penal Code 459.5 PC shoplifting.

This privilege is designed to protect store owners from potential losses due to theft. However, the store owner's detention must be for a reasonable time and used to investigate the suspected shoplifting offense.

The shopkeeper's privilege is codified under California Penal Code 490.5 PC, which says, "(f) (1) A merchant may detain a person for a reasonable time for the purpose of investigating reasonably whenever the merchant has probable cause to believe the person to be detained is attempting to take unlawfully or has unlawfully taken merchandise from the merchant's premises."

Loss prevention officers employed by many stores to prevent shoplifting can ask to look inside your bag, but you have the right to refuse.

They can also use reasonable force to detain you for a reasonable time and require you to stay with them until police officers arrive. They are private security guards, and you do not have to speak with them.

What Are PC 459.5 Shoplifting Penalties?

As noted, shoplifting in California is typically a misdemeanor offense that carries a maximum penalty of:

Up to six months in the county jail.
A fine of up to $1,000.

If you have prior convictions for shoplifting, you are more likely to face a higher penalty range.

If you are accused of stealing or attempting to steal items valued over $950, you might be charged with grand theft under Penal Code 487, a felony that carries up to three years in state prison.

In 2021, California lawmakers attempted to encourage police to take shoplifting more seriously by creating a new felony crime called organized retail theft. Penal Code 490.4 PC organized retail theft occurs when two or more people act in concert to steal merchandise with the intent to sell, exchange, or return it.

You might be eligible for a diversion program in which the criminal charge is dismissed after you complete the court orders, such as paying a fine, making restitution to the retail establishment, completing community service, and taking an anti-theft class.

When is Shoplifting a Felony Crime?

As noted above, PC 459.5 shoplifting is typically a misdemeanor. Still, there are situations in which you could face felony charges punishable by up to three years in jail and a $10,000 fine.

For example, the district attorney could file felony shoplifting charges if you have prior convictions for any of the following offenses:

A sex crime that requires PC 290 registration as a sex offender.
Any sex crime on a minor under the age of 14.
Any sex crime committed by using force, violence, or threats.
Gross vehicular manslaughter under Penal Code 191.5 PC.
Murder, attempted murder, or solicitation under Penal Code 187 PC.
Any serious or violent felony punishable by life in prison or death

A conviction for felony shoplifting in California carries a sentence of 16 months, two or three years in county jail, and up to a $10,000 fine.

What is a Civil Demand Letter?

Sometimes, merchants and business owners who are victimized by a shoplifter can make civil demands under California Penal Code 490.5 PC. This civil lawsuit would be completely separate from the PC 459.5 criminal case.

A civil demand requires a shoplifter to pay restitution to repay the business owner for the items stolen or damaged by the alleged shoplifter.

These letters are sent by law firms representing the business owners and can demand up to $500 to recover costs incurred by the alleged shoplifting.

What Are PC 459.5 Shoplifting Defenses?

As noted, the crime of shoplifting requires a specific criminal intent to steal items from a store prior to entry. Perhaps we can argue that you developed the intent to steal after you entered the business.

While this defense could still result in a conviction for petty theft, it might help avoid a conviction of shoplifting in certain cases.

Perhaps you forget to pay for an item or plan to pay for an item you are carrying in a bag or pocket while inside the store. Then, a mistake defense can be raised.

Prosecutors will look to every fact and circumstance in a shoplifting case to prove your criminal intent, as this is often the key element that needs to be proven.

If you contact us before charges are filed, we can negotiate with the DA to try to persuade them that their case is weak and should not go forward. This is called a "prefile intervention," and it might result in a DA reject.

There are other ways that you may be able to resolve your shoplifting case without ending up with a criminal conviction, such as:

I accepted into a diversion program, you will have to agree to follow a number of conditions set by the court, such as community service or restitution. If you complete the program successfully, your case will be dismissed, and you will not end up with a criminal record.
A civil compromise is an agreement between the shoplifter and the business where the items were stolen. In a civil compromise, the shoplifter agrees to repay the costs of the theft or attempted theft, and the business agrees not to prosecute the shoplifter.

Contact our California criminal defense lawyers for more information. Cron, Israels & Stark is based in Los Angeles, CA.

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