Shoplifting
Penal Code § 459.5
What counts as a violation of Penal code § 459.5?
Penal Code § 459.5 defines the crime of 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 $950.
Any other entry into a commercial establishment with intent to commit larceny is burglary.
To be convicted of burglary under Penal Code § 459.5, the prosecution must prove all of the following:
- The person entered a commercial establishment
- The person had the intent to steal something once inside
- The commercial establishment was open for business
- The property taken, or that the person intended to take, was less than $950
What is the punishment for violating Penal code § 459.5?
Shoplifting is punished as a misdemeanor unless the person has a prior conviction for a serious sex crime or felony.
A misdemeanor shoplifting conviction is punishable by the following:
- imprisonment in county jail for up to six months,
- a maximum fine of $1,000, or
- both
What are the defenses to Penal Code § 459.5?
- You mistakenly thought the item belonged to you
- You did not intend to steal from the store
- Mistaken identity
- You were also charged with burglary or theft of the same property
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