Did California Decriminalize Theft?
California did not decriminalize theft. Theft remains a crime in California.
However, California changed how many theft offenses are classified and punished. Proposition 47 made many low-level theft crimes misdemeanors when the value involved is $950 or less. Proposition 36 later increased penalties for some repeat theft and shoplifting offenses.
Why People Think California Decriminalized Theft
Many people say California “decriminalized theft” because Proposition 47 reduced several nonviolent theft offenses from felonies to misdemeanors. That statement is misleading.
A misdemeanor is still a criminal offense. A person convicted of misdemeanor theft may still face jail time, fines, probation, restitution, a criminal record, and immigration or employment consequences.
The real change was not legalization. Instead, California reclassified many lower-value theft crimes.
Proposition 47 and the $950 Theft Threshold
Proposition 47 passed in 2014. The measure changed several theft and drug possession offenses from felonies to misdemeanors in many cases.
Under Penal Code Section 490.2, obtaining property by theft is generally petty theft when the value does not exceed $950. Petty theft is usually a misdemeanor.
This rule does not mean stealing under $950 is legal. It means the offense usually falls below California’s grand theft threshold unless an exception applies.
Shoplifting Under California Law
California created a specific shoplifting offense under Penal Code Section 459.5. Shoplifting means entering a commercial establishment during regular business hours with intent to commit larceny when the value of the property taken or intended to be taken does not exceed $950.
Shoplifting is usually a misdemeanor. However, the law can still lead to arrest, criminal charges, probation, fines, stay-away orders, and restitution.
A person may also face other charges when the facts involve burglary, organized retail theft, robbery, threats, weapons, or repeat offenses.
When Theft Becomes Grand Theft
Theft may become grand theft when the value exceeds $950 or when another grand theft rule applies.
Penal Code Section 487 lists several grand theft categories. For example, theft of certain property, firearms, vehicles, or high-value goods may qualify as grand theft depending on the facts.
Grand theft may be charged as a misdemeanor or felony in many cases. This makes it a California “wobbler” offense. Her Lawyer’s article on California wobbler crimes explains how prosecutors and courts may treat certain offenses as either misdemeanors or felonies.
Proposition 36 Changed Some Theft Penalties
California voters approved Proposition 36 in 2024. The measure changed parts of California’s theft and drug laws.
The California Secretary of State’s official summary explains that Proposition 36 allows felony charges for some thefts under $950 when the defendant has two prior theft-related convictions. It also increases consequences for certain drug offenses and theft-related crimes.
One major change appears in Penal Code Section 666.1. A person with two or more qualifying prior theft convictions who is later convicted of petty theft or shoplifting may face county jail or felony punishment under Penal Code Section 1170(h).
As a result, a low-value theft may carry more serious exposure when the person has qualifying prior theft convictions.
Aggregating Multiple Theft Amounts
Proposition 36 also added rules allowing prosecutors to aggregate theft values in some cases.
Under Penal Code Section 490.3, multiple acts of theft or shoplifting may be combined into one count or charge. The total value may then determine the degree of theft.
For example, several lower-value thefts may add up to more than $950. In that situation, prosecutors may argue the combined value supports grand theft treatment.
This rule matters in repeat retail theft cases, organized theft investigations, and cases involving multiple incidents from different dates.
Does California Ignore Shoplifting?
No. California law still allows police, prosecutors, courts, and businesses to respond to shoplifting.
A store may report the incident to law enforcement. Prosecutors may file misdemeanor or felony charges depending on the facts. A court may order fines, probation, restitution, stay-away terms, or jail.
However, enforcement can vary by county, store policy, law enforcement resources, and the evidence available. A perception of weak enforcement does not mean theft has been decriminalized.
Possible Penalties for Theft in California
The penalty depends on the charge.
Petty theft and shoplifting are often misdemeanors. A conviction may carry jail time, fines, probation, community service, restitution, and a criminal record.
Grand theft may carry more serious penalties. If charged as a felony, it may lead to county jail under Penal Code Section 1170(h), formal probation, restitution, and longer-term consequences.
Repeat theft under Penal Code Section 666.1 can also create felony exposure when the person has qualifying prior convictions.
Common Defenses to Theft Charges
A theft defense depends on the facts and evidence. Common issues may include:
- No intent to steal
- Mistaken identity
- Accident or misunderstanding
- Claim of right
- Lack of proof of value
- False accusation
- Unlawful search or detention
- Insufficient evidence of prior convictions
- Improper aggregation of separate incidents
Intent often matters. Accidentally leaving a store with unpaid merchandise is different from entering a store with the intent to steal.
Evidence may include video footage, receipts, witness statements, store reports, police reports, body-camera footage, and records showing the value of the property.
Can a Theft Conviction Be Cleared?
Some California theft convictions may qualify for dismissal, record relief, or reduction. Eligibility depends on the charge, sentence, probation history, and later criminal record.
Her Lawyer’s guide to California expungement explains how record dismissal may work after a conviction. Automatic record relief may also apply in some cases, but not every theft record qualifies.
A person with a prior theft conviction should review the record carefully because prior convictions may affect future charging decisions under Proposition 36.
FAQs About California Theft Laws
Did California legalize theft under $950?
No. Theft under $950 is usually petty theft or shoplifting, both of which remain crimes. The $950 threshold affects whether the offense is usually treated as misdemeanor theft or grand theft.
Can shoplifting under $950 be a felony?
Sometimes. Proposition 36 allows felony exposure for certain people with two or more qualifying prior theft convictions. Other aggravating facts may also lead to more serious charges.
What did Proposition 47 do?
Proposition 47 reclassified many lower-level theft and drug possession offenses from felonies to misdemeanors. It did not make theft legal.
What did Proposition 36 change?
Proposition 36 increased penalties for certain repeat theft and drug crimes. It also created rules allowing prosecutors to aggregate multiple theft values in some cases.
Legal Help With a California Theft Charge
California did not decriminalize theft. The law still punishes shoplifting, petty theft, grand theft, repeat theft, and organized retail theft. The exact charge depends on value, intent, prior convictions, and the facts of the case.
Her Lawyer’s California criminal defense attorneys assist with theft, shoplifting, record-clearing, and related criminal matters. Contact Her Lawyer to discuss a California theft charge.