Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Shoplifting is often a crime of moral turpitude (CIMT). If it is, it can increase the consequences of a conviction. It can impact a non-citizen’s immigration status. In some contexts, however, shoplifting is not serious enough to count as a CIMT. Such petty offenses are exempted from crimes of moral turpitude.
Serious shoplifting cases can affect the collateral consequences of a conviction by:
A crime of moral turpitude is a criminal offense that involves either:
Almost all of the crimes of moral turpitude involve intent. Generally, they cannot be committed because of:
However, petty offenses are exempt. They cannot be crimes of moral turpitude because they are not serious enough.
Notice, though, that these are all elements of a crime. They are not crimes, themselves. When a specific crime has these elements, it can be a crime of moral turpitude.1
Shoplifting is the crime of taking merchandise from a store without paying, with intent.2 This makes it a crime that involves:
However, shoplifting may be classified as a petty offense. If it is, it will not be a crime of moral turpitude. The value of the merchandise can matter a lot. If the alleged incident only involved $5, it may be considered a petty offense. If it involved $500, it probably will not be.
Whether a criminal conviction is for a crime of moral turpitude will matter for the collateral consequences of the conviction. These are penalties that are not issued by the court. Instead, they come from:
Each of these parties can define a crime of moral turpitude differently. Shoplifting can be a crime of moral turpitude for one context, but not for another.
Shoplifting is a crime of moral turpitude for immigration purposes.3
U.S. immigration law requires non-citizens to have a “good moral character.” If they do not, they can be:
A conviction for a crime of moral turpitude means they do not have a good moral character. Non-citizens convicted for shoplifting can be deported if:
Deportation can also happen if:
Shoplifting may be a crime of moral turpitude for employment purposes.
Many employers demand their employees have a good moral character. This requirement can be in the employment contract. Committing a crime of moral turpitude can breach this contract provision.
Some employers may consider shoplifting to be a crime of moral turpitude. Others may not. If they do, someone convicted for shoplifting will likely lose their job.
In California, state employees can even face discipline for a crime of moral turpitude.7
A conviction for shoplifting may also impact someone’s professional license or certification.
Good moral character can be required to get a professional license. A crime of moral turpitude can prevent this from happening. A conviction can also lead to a license being revoked.
A few examples of licenses that require a good moral character include:
People applying for one of these licenses can face issues if they have a prior conviction. A conviction can lead to discipline for those who have one already. They can face:
In many professions, each state has its own licensing agency. A conviction may threaten a license in some states, but not others.
Some states may treat a shoplifting conviction as a crime of moral turpitude. Others may exempt it as a petty offense. Others may not treat shoplifting as a crime of moral turpitude, at all.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.