California Shoplifting Laws – Penal Code 459.5 PC
Security guard stops you at the Target exit on a Saturday afternoon—asks to check your bag, you open it, he pulls out a $45 wireless mouse you forgot to scan at self-checkout. You’re thinking “I just forgot to scan it, I’ll pay for it now,” but the security guard is filling out an incident report and calling the police. He takes you to the security office in the back, you’re sitting there with a $200 wallet in your pocket, you have your credit card, you were going to pay for everything else, but this one item didn’t get scanned. Now California Penal Code Section 459.5 says you committed shoplifting. Police arrive, arrest you, read Miranda rights, transport you to the station for booking. They hand you a citation with a court date and you’re thinking “this is insane, I forgot to scan a $45 mouse,” but Penal Code Section 459.5 doesn’t care whether you forgot or intended to steal—it only cares that you entered the store with intent to commit larceny and the property value was under $950. Except how can they prove what you intended when you walked through the front door two hours ago? You entered to shop, you scanned 15 other items and paid for them, you forgot this one item—does that really prove you entered with intent to steal, and what is the penal code 459.5 for shoplifting? In November 2014, California voters passed Proposition 47 to reduce prison overcrowding by reclassifying low-level felonies as misdemeanors—shoplifting was created as a new crime distinct from burglary. Before Prop 47, entering a store with intent to steal was commercial burglary, a felony carrying 2 to 6 years in state prison. After Prop 47, if property value is under $950 and the store is open during business hours, it’s shoplifting under PC 459.5, a misdemeanor with maximum 6 months in county jail. Penal Code Section 459.5(a) defines shoplifting: “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).” Four elements prosecution must prove: (1) you entered a commercial establishment, (2) establishment was open during regular business hours, (3) you intended to commit larceny when you entered, (4) value of property taken or intended did not exceed $950. All four elements must be proven—if prosecution can’t prove even one, you’re entitled to acquittal. Penalties for PC 459.5: misdemeanor ONLY (cannot be charged as felony under Prop 47), up to 6 months county jail, fine up to $1,000, summary probation typically 2 to 3 years, restitution to victim, community service, theft education classes. The intent element is nearly impossible for prosecution to prove—how do they know what you intended when you walked through the front door? You could have entered with intent to shop, then formed intent to steal later inside—that would be petty theft under PC 488, not shoplifting under PC 459.5. The only way to prove “intent upon entering” is through your statements or circumstantial evidence (walked straight to expensive items, concealed them immediately, headed for exit). Never make statements to security or police.
What is the difference between 459.5 and 488? PC 459.5 (shoplifting): entering commercial establishment with intent to steal, during business hours, property value under $950. PC 488 (petty theft): taking property valued under $950, anywhere, anytime, no requirement of “entering.” Key differences—intent timing: PC 459.5 requires intent BEFORE entering (formed intent, then entered), PC 488 requires intent only when taking (could have entered for lawful purpose, decided to steal later). Location: PC 459.5 only commercial establishments, PC 488 anywhere. Business hours: PC 459.5 only when establishment open, if you break in after hours it’s burglary, not shoplifting. Penalties are identical—both misdemeanors, up to 6 months jail, $1,000 fine.
Why the distinction matters: you walk into Target, shop for an hour, scan 10 items at self-checkout, forget to scan one item, walk out—Los Angeles County District Attorney will charge PC 459.5 shoplifting, but your attorney will argue PC 488 petty theft because you didn’t enter with intent to steal (you entered to shop, you paid for 10 items, you forgot one item—intent formed later, if at all). Prosecutors prefer PC 459.5 shoplifting charges because it sounds more serious. Defense attorneys prefer PC 488 petty theft because it sounds less intentional. The distinction is the intent element—when did you form intent to steal? Prosecution has burden to prove beyond reasonable doubt that you formed intent BEFORE entering. If there’s doubt about when you formed intent, you’re entitled to acquittal on PC 459.5 and conviction only on lesser-included offense of PC 488.
At what point is shoplifting a felony? PC 459.5 shoplifting can NEVER be charged as felony—Prop 47 made it misdemeanor-only. But you can be charged with felony in these scenarios: (1) Commercial burglary under PC 459—if you entered the store AFTER HOURS when closed, or if you entered with intent to steal MORE than $950 worth of property, it’s burglary, which can be charged as felony carrying 2, 4, or 6 years county jail. (2) Petty theft with priors under PC 666—if you have THREE or more prior theft-related convictions, your new shoplifting charge can be elevated to felony under PC 666 carrying 16 months, 2 years, or 3 years. (3) Organized retail theft under PC 490.4—if you shoplifted from multiple stores and total aggregate value exceeds $950, prosecutors can charge organized retail theft, a felony carrying 16 months, 2 years, or 3 years. Example: you shoplift $200 from Target Monday, $300 from CVS Tuesday, $250 from Walgreens Wednesday, $300 from Buy Thursday—total $1,050—prosecutor adds them up and charges felony organized retail theft. (4) Grand theft under PC 487—if property value exceeds $950, it’s NOT shoplifting, it’s grand theft, which can be charged as felony carrying 16 months, 2 years, or 3 years.
Prop 47 was a voter initiative to reduce prison overcrowding by making shoplifting a misdemeanor. But prosecutors circumvent Prop 47 by aggregating multiple shoplifting incidents to charge organized retail theft, or by adding “with priors” enhancement. This defeats voters’ intent. California courts have allowed this prosecutorial workaround, undermining Prop 47’s purpose.
What is the statute of limitations on shoplifting in California? Misdemeanor shoplifting under PC 459.5 has 1-year statute of limitations under PC 802(a)—prosecution must file charges within ONE YEAR from date of offense. If you shoplifted January 1, 2024, prosecutor must file charges by January 1, 2025, or they’re time-barred forever. If store security lets you go but they have your ID and surveillance footage, they can still report it to police and prosecutor can file charges any time within the 1-year window.
Tolling (pausing) the statute: (1) Out of state—if you leave California, the clock stops running. If you shoplifted January 1, 2024, then moved to Nevada February 1, 2024, and stayed 11 months, statute has only run for 1 month, and if you return to California January 1, 2025, prosecutor still has 11 months to file charges. (2) Identity unknown—if store has video but doesn’t know who you are, statute doesn’t run until they identify you. Once they ID you (facial recognition, license plate, credit card records), the 1-year clock starts. Felony charges have 3-year statutes of limitations: commercial burglary, grand theft, organized retail theft, petty theft with priors.
Practical implications: if you shoplifted more than 1 year ago and haven’t been charged, you’re probably safe (unless you were out of state or they didn’t know your identity). If it’s been less than 1 year, they can still charge you. If store security stopped you and took your information but didn’t call police, they can still report it later within 1 year. Why is statute of limitations for shoplifting only 1 year, but violent misdemeanors have longer periods and felonies have 3 years? Policy justification is that memories fade and evidence deteriorates—but that applies equally to all crimes. The real reason is the legislature doesn’t consider property crimes serious enough. But if you’re facing 6 months in jail and permanent criminal record, it’s serious to you. If you’re charged with shoplifting, contact Los Angeles County Public Defender if you qualify by income, or consult California Attorney General resources for legal information.
212-300-5196.