The terms “shoplifting” and “petty theft” are often used interchangeably by the public, though in California, they’re two different offenses. In a general sense, the crime of shoplifting is centered around the act of entering a store with the intent to steal something. Petty theft, on the other hand, deals with actually taking something from the store – not just entering it with the intent to do so.
Shoplifting is covered under California Penal Code 459.5 PC and is described as entering a commercial establishment during normal business hours with the intent to steal merchandise worth $950 or less.
A few examples include:
- Going to the mall, entering a store, and stealing a sweater worth $99
- Going to a shoe store and intending to leave your old shoes while walking out with new ones
- Entering a gas station and pocketing some candy
Shoplifting is a misdemeanor with penalties that include: up to 6 months in county jail, up to $1,000 in fines, 1 to 2 years of summary (informal) probation, and sometimes restitution payments.
Petty theft is covered under California Penal Code 484(a) PC and is described as wrongfully taking someone else’s property worth $950 or less. One of the major differences between shoplifting and petty theft is that shoplifting requires that a person enter a store during normal business hours with the intent to steal something. Petty theft can be charged if a person steals anything from anywhere worth $950 or less. Above $950 would constitute grand theft charges.
Like shoplifting, the crime of petty theft is considered a misdemeanor. The potential penalties include up to 6 months in county jail and/or a fine of up to $1,000. In some cases (often first-offenses) a judge will substitute summary probation for 1 to 2 years in lieu of jail time.
Summary probation is usually unsupervised and does not result in the assignment of a probation officer. Should the defendant fail to comply with any conditions or terms of their probation, a judge can revoke it and remand the defendant to jail.
