California Theft Laws: Petty vs Grand Theft, Shoplifting and Prop 36

In California, theft is grand theft, which can be punished as a felony, when the property is worth more than $950. Penal Code 487(a) defines grand theft as theft of property "of a value exceeding nine hundred fifty dollars ($950)," and Penal Code 490.2 makes theft of $950 or less petty theft, punished as a misdemeanor. Theft of a firearm is grand theft at any value, and since Proposition 36 took effect on December 18, 2024, petty theft or shoplifting by a person with two or more listed theft-type priors can also be punished as a felony. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers California state theft law in the Penal Code: the theft definition and degrees (Sections 484 through 490.5), shoplifting (459.5), repeat-theft sentencing (666 and 666.1), sentencing rules in Sections 17, 18, 19 and 1170(h), and the theft diversion section (1001.81). It also covers the retail theft provisions in Sections 490.8 and 496.6. It does not cover federal theft offenses, city or county ordinances, or identity theft and fraud schemes, which have their own pages linked below.

How California defines theft

California combines several older crimes into one offense called theft. Penal Code 484(a) provides that "every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property" is guilty of theft.

The same subdivision sets the value test: "the reasonable and fair market value shall be the test, and in determining the value of services received the contract price shall be the test."

Theft then comes in two degrees. Penal Code 486 provides: "Theft is divided into two degrees, the first of which is termed grand theft; the second, petty theft." Penal Code 488 adds: "Theft in other cases is petty theft." California law uses these two terms, petty theft and grand theft, rather than "petit larceny" and "grand larceny."

Petty theft vs grand theft: the $950 line

The dividing line is $950. Penal Code 487(a) makes it grand theft "when the money, labor, real property, or personal property taken is of a value exceeding nine hundred fifty dollars ($950)." Because the statute says "exceeding," property worth exactly $950 is not grand theft under 487(a).

Penal Code 490.2(a), added by Proposition 47 in November 2014, reinforces that line from the other side:

"Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290."

Penal Code 490.2(c) states that "this section shall not apply to theft of a firearm."

The California Supreme Court addressed how the $950 figure is measured in People v. Romanowski (March 27, 2017). The court held that "section 490.2's value threshold must be applied using this 'reasonable and fair market value' test," referring to Penal Code 484(a), and that "courts may consider evidence related to the possibility of illicit sales when determining the market value of stolen access card information."

California theft grading table: values and penalties

The ranges come from the sections named in each cell. Penal Code 19 supplies the general misdemeanor range (up to six months in county jail, a fine up to $1,000, or both) "except in cases where a different punishment is prescribed," and Penal Code 1170(h)(1) supplies the county-jail felony term of 16 months, two or three years where the underlying offense does not specify one. Under 1170(h)(3), an executed 1170(h) sentence is served in state prison instead of county jail when the person has a prior or current serious or violent felony conviction (including a qualifying conviction from another jurisdiction), is required to register as a sex offender, or receives an enhancement under Section 186.11. These are statutory maximums and ranges, not predictions of the sentence in a particular case.

Grand theft is usually a wobbler

For most grand theft, Penal Code 489(c)(1) provides punishment "by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170." An offense punishable either way is often called a wobbler. Penal Code 17(b) provides that when a crime is punishable, in the court's discretion, by state prison or county jail under 1170(h), or by fine or imprisonment in the county jail, "it is a misdemeanor for all purposes" in the circumstances that subdivision lists. Grand theft of a firearm is different: Penal Code 489(a) sets punishment "by imprisonment in the state prison for 16 months, or two or three years."

Petty theft of $50 or less

Penal Code 490.1(a) allows petty theft of property worth $50 or less to be "charged as a misdemeanor or an infraction, at the discretion of the prosecutor, provided that the person charged with the offense has no other theft or theft-related conviction." An infraction under this section "is punishable by a fine not exceeding two hundred fifty dollars ($250)."

Grand theft categories in Penal Code 487 and the Proposition 47 override

Penal Code 487 also defines grand theft by the type of property taken or by a lower value line:

• farm crops, including domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts and artichokes, "of a value exceeding two hundred fifty dollars ($250)" (487(b)(1)(A));
• aquacultural products taken from a commercial or research operation producing that product, "of a value exceeding two hundred fifty dollars ($250)" (487(b)(2));
• property taken by a servant, agent, or employee from the employer that "aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period" (487(b)(3));
• property "taken from the person of another" (487(c)); and
• an automobile or a firearm (487(d)(1)-(2)).

Proposition 47 changed how these categories apply. Penal Code 490.2(a) makes theft of property worth $950 or less petty theft "notwithstanding Section 487 or any other provision of law defining grand theft," so theft from the person, theft of an automobile, and theft of farm crops, aquacultural products or an employer's property worth $950 or less is petty theft. In People v. Romanowski, the California Supreme Court explained that before Proposition 47, "section 487 set out of three categories of theft that were charged as grand theft solely because of the property involved," and that these value-independent provisions "are the provisions that Proposition 47 modified by inserting a $950 threshold."

The exception is a firearm. Penal Code 490.2(c) states that "this section shall not apply to theft of a firearm," so theft of a firearm remains grand theft at any value under 487(d)(2).

Shoplifting in California (Penal Code 459.5)

Proposition 47 also created a separate shoplifting offense. Penal Code 459.5(a) provides:

"Notwithstanding Section 459, 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). Any other entry into a commercial establishment with intent to commit larceny is burglary."

Shoplifting "shall be punished as a misdemeanor," except that a person with one or more prior convictions for an offense listed in Penal Code 667(e)(2)(C)(iv) or for an offense requiring sex offender registration under Penal Code 290(c) "may be punished pursuant to subdivision (h) of Section 1170."

Section 459.5(b) controls how the case is charged: "Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property."

Two details follow from the text. Shoplifting uses "does not exceed $950," the same line as petty theft. And an entry that does not fit the definition, for example one made when the store is closed or with intent to take more than $950, is "burglary" under the last sentence of 459.5(a).

Repeat theft: Penal Code 666 and Proposition 36's Section 666.1

California has two repeat-theft statutes.

Penal Code 666 (the Proposition 47 version). Section 666(a) allows a subsequent petty theft to be punished "by imprisonment in the county jail not exceeding one year, or in the state prison" when the person has a prior conviction for a listed theft-related offense and served a term of imprisonment for it. Section 666(b) limits this to a person "who is required to register pursuant to the Sex Offender Registration Act, or who has a prior violent or serious felony conviction, as specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667, or has a conviction pursuant to subdivision (d) or (e) of Section 368."

Penal Code 666.1 (Proposition 36). Added by Proposition 36 on November 5, 2024 and effective December 18, 2024, Section 666.1(a)(1) provides that "a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison."

The qualifying priors listed in 666.1(a)(2) are petty theft (488 or 490.2), grand theft, theft from an elder or dependent adult (368), vehicle theft or unauthorized use (Vehicle Code 10851), burglary (459), carjacking, robbery, receiving stolen property (496), shoplifting (459.5), and identity theft and mail theft (530.5). The list expressly includes "a conviction that occurred before the effective date of this section."

Adding up multiple thefts: aggregation

Two provisions let the values of separate thefts be combined.

• Penal Code 490.3 (Proposition 36, effective December 18, 2024): "in any case involving one or more acts of theft or shoplifting, including, but not limited to, violations of Sections 459.5, 484, 488, and 490.2, the value of property or merchandise stolen may be aggregated into a single count or charge, with the sum of the value of all property or merchandise being the values considered in determining the degree of theft."
• Penal Code 487(e) (as amended effective January 1, 2025): if the value taken "exceeds nine hundred fifty dollars ($950) over the course of distinct but related acts, including acts committed against multiple victims or in counties other than the county of the current offense," the values "may properly be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one general impulse, and one plan." Evidence of that may include that the acts "involve the same defendant or defendants, are substantially similar in nature, or occur within a 90-day period."

Organized retail theft (Penal Code 490.4)

Penal Code 490.4(a)(1) makes it organized retail theft to act "in concert with one or more persons to steal merchandise from one or more merchant's premises or online marketplace with the intent to sell, exchange, or return the merchandise for value." Section 490.4(a) lists further forms of the offense in paragraphs (2) through (4).

Punishment under 490.4(b) depends on the pattern:

• violations of (a)(1), (2) or (3) on two or more separate occasions within a 12-month period, where the aggregated value of the merchandise in that period exceeds $950: up to one year in county jail or under 1170(h);
• any other violation of (a)(1), (2) or (3): up to one year in county jail; and
• a violation of (a)(4): up to one year in county jail or under 1170(h).

Senate Bill 982 (Statutes 2024, Chapter 171) amended Section 490.4, effective January 1, 2025.

Unlawful deprivation of a retail business opportunity (Penal Code 496.6)

Assembly Bill 2943 added Penal Code 496.6, effective January 1, 2025. It applies to a person who possesses property acquired through shoplifting, theft or burglary from a retail business, "whether or not the person committed the act," when the property "is not possessed for personal use" and the person intends to sell, exchange or return it for value, and the value of the property "exceeds nine hundred fifty dollars ($950)." That value may be combined with similar property the person possessed with the same intent "within the prior two years," or with property possessed by another person acting in concert. Under 496.6(c), the offense "is punishable by imprisonment in the county jail for up to one year or pursuant to subdivision (h) of Section 1170."

Merchant detention and civil liability for shoplifting

Penal Code 490.5 gives merchants rules that sit alongside any criminal case.

Detention. Under 490.5(f)(1), "a merchant may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant's premises." In a civil suit over a detention or arrest, 490.5(f)(7) makes it a defense that the merchant "had probable cause to believe that the person had stolen or attempted to steal merchandise and that the merchant acted reasonably under all the circumstances."

Civil liability. Under 490.5(c), "when an adult or emancipated minor has unlawfully taken merchandise from a merchant's premises," that person "shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs," and in addition "for the retail value of the merchandise if it is not recovered in merchantable condition." For an action against the parent or guardian of an unemancipated minor under 490.5(b), total damages, "including the value of the merchandise or book or other library materials, shall not exceed five hundred dollars ($500) for each action."

These figures describe what Section 490.5 makes recoverable. A lawyer licensed in California can advise on whether a particular demand from a store matches them.

Theft diversion programs

Penal Code 1001.81(a) provides that "the city or county prosecuting attorney or county probation department may create a diversion or deferred entry of judgment program pursuant to this section for persons who commit a theft offense or repeat theft offenses." The section authorizes these programs; it does not require every county to create one. Under Penal Code 666.1(b), a person "subject to charging under this section or actually charged with this section may be referred" by a prosecuting attorney's office or a county probation department to such a program. Section 1001.81 is scheduled to be repealed on January 1, 2031, under Penal Code 1001.82.

Recent changes to California theft law

• Proposition 47 (November 2014) added Penal Code 490.2 (petty theft of $950 or less as a misdemeanor) and 459.5 (shoplifting), and amended Section 666.
• Proposition 36 (effective December 18, 2024) added Penal Code 666.1 (petty theft or shoplifting with two or more listed priors) and 490.3 (aggregation).
• 2024 legislation (effective January 1, 2025): Assembly Bill 2943 (Statutes 2024, Chapter 168) amended the 487(e) aggregation rule to cover acts against multiple victims or in other counties and to list evidence of one plan (the same defendant, substantially similar acts, or acts within a 90-day period). It also added Penal Code 496.6 (unlawful deprivation of a retail business opportunity) and Penal Code 1203g, which allows probation of up to two years for shoplifting or petty theft, and extended the theft diversion authority in Section 1001.81 to January 1, 2031. Senate Bill 982 (Statutes 2024, Chapter 171) amended the organized retail theft statute, 490.4. Assembly Bill 3209 (Statutes 2024, Chapter 169) added Penal Code 490.8, under which a court sentencing a person for shoplifting, theft from a retail establishment or organized retail theft "shall consider issuing an order restraining the defendant from entering the premises of the retail establishment, that may be valid for up to two years."

Related legal issues

Theft by false pretenses overlaps with fraud; our guide to California scam and fraud laws covers fraud schemes and where to report them. Identity theft and mail theft under Penal Code 530.5 count as qualifying priors under 666.1 and are covered in California identity theft laws. For clearing a theft conviction from a record, see California expungement laws, and for filing deadlines see the California statute of limitations guide. Federal theft offenses are covered on our theft laws hub.

Related

• Theft laws by state
• California scam and fraud laws
• California identity theft laws
• California expungement laws
• California statute of limitations

This article provides general legal information about California theft statutes as of October 13, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in California.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft limit in California?

Theft becomes grand theft when the property is worth more than $950 (Penal Code 487(a)). Grand theft can be punished as a county-jail felony under Penal Code 1170(h) or by up to one year in county jail (489(c)(1)).

Is stealing $950 a felony in California?

Penal Code 487(a) requires a value exceeding $950 for grand theft, and Penal Code 490.2 treats theft of property worth $950 or less as petty theft punished as a misdemeanor. Property worth exactly $950 therefore falls on the petty theft side of the line.

Is shoplifting a felony in California?

Shoplifting under Penal Code 459.5 is a misdemeanor when the value taken or intended to be taken is $950 or less. A person with certain serious or violent felony priors or a registrable sex offense may be punished under 1170(h), and Proposition 36's Penal Code 666.1 allows a county-jail felony sentence after two or more listed theft-type priors.

What is the punishment for petty theft in California?

Petty theft is punishable by a fine of up to $1,000, up to six months in county jail, or both (Penal Code 490). A first petty theft conviction for merchandise taken from a merchant carries a mandatory fine of $50 to $1,000 for each violation (490.5(a)).

Can petty theft be an infraction in California?

Under Penal Code 490.1, petty theft of property worth $50 or less may be charged as a misdemeanor or an infraction, at the prosecutor's discretion, if the person has no other theft or theft-related conviction. An infraction carries a fine of up to $250.

What did Proposition 36 change about theft in California?

Proposition 36 added Penal Code 666.1, which allows a felony-level sentence for petty theft or shoplifting after two or more prior convictions for listed theft-type offenses, and Penal Code 490.3, which allows the value of multiple thefts to be aggregated into a single count. Both took effect December 18, 2024.

Is grand theft a felony or a misdemeanor in California?

Most grand theft can be punished either way: up to one year in county jail, or as a felony under Penal Code 1170(h) (489(c)(1)). Under Penal Code 17(b), a crime punishable either way is a misdemeanor for all purposes in the circumstances that subdivision lists. Grand theft of a firearm is punishable by state prison (489(a)).

Can a store make me pay for shoplifting in California?

Penal Code 490.5(c) makes an adult or emancipated minor who unlawfully took merchandise liable to the merchant for damages of $50 to $500 plus costs, and for the retail value of merchandise not recovered in merchantable condition. A lawyer licensed in California can advise on a specific demand.