Penal Code § 488 PC sets forth the California crime of petty theft – which is defined as stealing someone else’s money, property or services worth $950 or less.
Note that Penal Code 484 defines theft generally. Penal Code 487 sets forth the law on grand theft, or the theft of property worth more than $950. Penal Code 488 states that:
“Theft in other cases is petty theft.”
Examples of petty theft include:
- Taking a neighbor’s lawn mower with a market value of $200 and not returning it.
- Stealing your ex-girlfriend’s gold necklace, and the value of the property is worth $300.
- Taking a friend’s new sweater worth $150, and keeping it as your own.
Defenses
Luckily, there are several legal defenses you can raise if accused of a theft offense under PC 488. These include showing that you:
- acted with the property owner’s consent,
- borrowed the property in question, and/or
- were arrested after an unlawful search and seizure.
Penalties
A petty theft charge is a misdemeanor (as opposed to a California felony or an infraction).
A petty theft conviction is punishable by:
- imprisonment in county jail for up to six months, and/or
- a maximum fine of $1,000.
Note that instead of jail time, a judge may grant you misdemeanor (or summary probation).
Below our California criminal defense attorneys discuss what you need to know about petty theft. Click on a topic to jump to that section.
1. Definition
Penal Code 488 PC is the California statute that makes it a crime to steal someone’s property or services worth $950 or less.1 A prosecutor must prove four things to successfully convict you under this statute. These are:
- you took possession of property owned by someone else,
- you took the property without the owner’s consent,
- when you took the property, you intended to deprive the owner of it permanently, and
- the property taken was worth $950 or less.2
Note that when there are several charges of petty theft, each is treated as a separate offense – provided that they did not occur within one continuous act. This means the value of the different properties cannot be added together to exceed $950, and therefore, make the crime grand theft.3
Also, note that it is not a defense to say that you intended to restore the property that was wrongfully taken.4
2. Defenses
If you are accused of a crime under this statute, then you can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed.
Three common defenses to PC 488 accusations are the following.
You acted with the owner’s consent
You are guilty of petty theft only if you took possession of the property without the owner’s consent. This means it is always a solid legal defense to show that you acted with the owner’s consent. Perhaps, for example, you took some property because you were getting it for the owner of the property.
You only borrowed the property
A key element of petty theft is the intent to deprive an owner of property permanently. It is a defense, therefore, to show that you were merely borrowing a person’s property for a finite period of time and were going to return it after you temporarily used it.
Police executed an unlawful search and seizure
The Fourth Amendment to the U.S. Constitution declares that we have the right to be free from unreasonable “searches and seizures” by law enforcement. If authorities obtain evidence from an unreasonable, or unlawful search and seizure, then that evidence can get excluded from your criminal case. This means that any charges in your case could get reduced or even dismissed.
3. Penalties
Petty theft is a misdemeanor in California punishable by:
- imprisonment in county jail for up to six months, and/or
- a maximum fine of $1,000.5
Instead of jail time, a judge may award you misdemeanor (or summary probation). If you cannot pay the fine, you may be able to do community service instead.
4. Related crimes
Grand theft – PC 487
Penal Code 487 PC is the California statute that defines the crime of “grand theft,” which is when you:
- unlawfully take someone else’s property, and
- that property is valued at more than $950.00.6
In most cases, a violation of PC 487 is a wobbler offense. This means that the prosecutor may charge it as either a misdemeanor or a felony.7
If charged as a misdemeanor, the crime is punishable by up to one year in county jail. If charged as a felony, the offense is punishable by a jail sentence of either: 16 months, two years, or three years.8
Robbery – PC 211
Penal Code 211 PC is the California statute that makes robbery a crime. You are guilty of violating PC 211 if:
- you took personal property from someone else’s person or immediate presence,
- you did so against the victim’s will, and
- you did so through the use of force or fear.9
Robbery is always charged as a felony under California law. The specific penalties will depend on whether you are convicted of first-degree robbery or second-degree robbery.
First-degree robbery leads to a California state prison sentence of between three and nine years.10 The sentence for second-degree robbery is two, three, or five years in state prison.11
Burglary – PC 459
Penal Code 459 PC is the California statute that defines the crime of “burglary.” Under this section, a burglary occurs when you enter any residential or commercial building or room with the intent to commit a felony or a theft once inside.12
You commit the crime of burglary merely by entering the structure with the requisite criminal intent, even if the intended felony or theft is never actually completed.
Degrees
California burglary law is divided into first-degree burglary and second-degree burglary. First-degree burglary is the burglary of a residence. Second-degree burglary is the burglary of any other type of structure (including stores and businesses).13
California first-degree burglary is always a felony. The potential consequences include a state prison sentence of up to four years.14
Second-degree burglary is what is known as a wobbler in California law. This means that it may be charged as either:
- a felony, with a potential county jail sentence of up to three years, or
- a misdemeanor, with a potential county jail sentence of up to one year.15
Shoplifting – PC 459.5
Penal Code 459.5 PC makes shoplifting a misdemeanor in California. Shoplifting is entering an open business with the intent to steal goods worth $950 or less. The crime is punishable by probation, fines, restitution, and up to six months in jail.
Additional resources
For information about shoplifting laws and related topics, refer to the following:
- National Association for Shoplifting Prevention – Provides information on the causes of shoplifting, statistics, and prevention.
- California Courts – Proposition 47 – Details on Prop 47 reducing some theft crimes from felonies to misdemeanors.
- Loss Prevention Magazine – Information on retail loss prevention and shoplifting deterrence.
- What the Panic Over Shoplifting Reveals About American Crime Policy – Article about how legislators are tackling shoplifting problems, by the Marshall Project
- Cleptomaniacs And Shoplifters Anonymous, LLC (CASA) – Weekly self-help group.
Legal References:
- California Penal Code 488 PC. This code section states: “Theft in other cases is petty theft.” See also CALCRIM 1801.
- Penal Code 484 PC. See also People v. Davis (Cal. App. 3d Dist. 2016) 3 Cal. App. 5th 708; People v. James (1957) 155 Cal. App. 2d 604; People v. Williams (1992) 9 Cal.App.4th 1465; People v. Huggins (1997) 51 Cal.App.4th 1654; People v. Brady (1991) 234 Cal.App.3d 954; Buck v. Superior Court (1966) 245 Cal.App.2d 431; People v. Frankfort (1952) 114 Cal.App.2d 680; People v. Quiel (1945) 68 Cal.App.2d 674; People v. Sanders (1998) 67 Cal.App.4th 1403.
- People v. Miles (1940) 37 Cal. App. 2d 373.
- People v. Holmes (1970) 5 Cal. App. 3d 21.
- California Penal Code 19 PC.
- California Penal Code 487 PC.
- California Penal Code 489 PC.
- See same.
- California Penal Code 211 PC.
- California Penal Code 213 PC.
- See same.
- California Penal Code 459 PC.
- California Penal Code 460 PC.
- California Penal Code 461 PC.
- See same.