Why Shoplifting Is Now De Facto Legal In California (2023)

Google “Shoplifting in San Francisco” and you will find more than 100,000 hits. And you will find lots of YouTube videos, where you can watch a single thief, or an entire gang, walk into an SF Walgreens or CVS and empty the shelves. Most walk in, go about their pilfering, and then walk out, though at least one thief rode their bike into the store and departed the same way, carefully navigating their two-wheeler down a narrow aisle.

We probably shouldn’t call it shoplifting anymore, since that term connotes the idea of a person trying to conceal their crime. In San Francisco, there is no attempt to conceal theft, and there is almost never any effort by store employees, including security personnel, to confront the thieves. The most they do is record the thefts with their cell phones.

Why is shoplifting so rampant? Because state law holds that stealing merchandise worth $950 or less is just a misdemeanor, which means that law enforcement probably won’t bother to investigate, and if they do, prosecutors will let it go.

(Video) Debunking The Right-Wing’s Shoplifting Freak-Out

Why won’t store employees do anything about this theft? Because they don’t want to take the risk. I doubt many would, knowing that a Rite Aid employee was murdered recently after trying to stop two thieves. Moreover, a confrontation within the store risks harming not only store staff but also customers, so employees are almost certainly instructed by their managers to do nothing.

Because of this law, California is extending an open invitation to anyone to walk in and take. Just like that—since they know that police or prosecutors won’t bother with a misdemeanor complaint and that store personnel won’t stop them.

It is not just pharmacies that are being ransacked. Recently, San Francisco’s Neiman Marcus was targeted by thieves who had a hankering for designer handbags and hit the purse department hard. The video shows one after another, after another, running out, as apparently there were 10 thieves, and they stole over the $950-per-thief misdemeanor limit.

(Video) Brazen shoplifting video in San Francisco becomes issue in California recall

This video gives a whole new meaning to the term “curbside pickup,” which is the door that the thieves departed from before they jumped into getaway vehicles. And if you are one of those who identify Neiman Marcus with “Needless Markup,” well, now you know: those markups help cover the cost of theft insurance and stolen merchandise, costs that are passed on to those who choose to acquire merchandise the old-fashioned way—by paying for it.

Governor Newsom recently signed a new law in which shoplifting is a felony, even if it is below the $950 limit, if—and this is a big “if”—the theft is part of an organized ring with the intent to sell the stolen goods. Sadly, this may have little effect on shoplifting, given that most of these thefts are by individuals, rather than groups, and it will still be up to police and prosecutors to charge these as felonies. What is needed is a change to the state law that makes shoplifting at a much lower dollar level a felony, to provide adequate incentives to individuals not to commit these crimes.

Unfortunately, it is not just shoplifting in San Francisco that is getting headlines, though San Francisco’s out-of-control drug problem makes this issue much worse than it otherwise would be.

(Video) Theft Becomes Legal In California??

Crime is rising almost everywhere in California, including violent crime. Homicides in California jumped 31 percent last year, making 2020 the deadliest year since 2007. The 2,202 homicides in 2020 represent an increase of 523 over 2019. Homicides in Los Angeles rose 40 percent to 332, and they rose 35 percent to 285 in San Francisco. Both San Francisco and Los Angeles feature district attorneys who are perceived to be soft on crime, and both are facing the possibility of a recall election. Gives a whole new take on defunding police, doesn’t it?

These increases put the spotlight on California’s recent legal change that provides shorter sentences for prisoners, including violent felons, largely because of budgetary issues (California prison costs are among the highest in the country at $81,000 annually per prisoner), and also on Newsom’s decision to suspend the state’s death penalty law via executive order.

California will allow 63,000 prisoners, out of a population of 115,000, the possibility of early release. This includes death row inmate Richard Allen Davis, one of 737 murderers in the system, who was a released felon when he murdered Polly Klaas in 1993. Polly’s father, Marc, who supports recalling Newsom, remarked, “The thing that really alarms me about what the governor did, is that it’s a continuation of policies to undermine the criminal justice system, and to put dangerous people back out onto the streets.”

(Video) Gov. Newsom cracking down on retail theft; brazen robbery caught on camera at Granada Hills TJ Maxx

Just a few hours after Marc Klaas’s remarks, Newsom’s office announced a press conference “on state action to address crime and reduce retail theft in communities across California.”

Sadly, this is Gavin Newsom. Creating a political moment to sign an almost meaningless shoplifting crime bill that rarely will be enforced. Defensively reacting to criticism and doing whatever it takes to deflect that criticism. Failing to lead. A governor of a state of nearly forty million, without a realistic vision to grow a better future.

I sincerely had hoped for Newsom’s success, because millions of Californians are struggling, and mightily so. California could be so much better than it is with sensible policy changes that reduce business costs, reduce housing costs, provide reliable water during drought years, prevent wildfires, and... reduce crime.

(Video) Why Shoplifting is Getting out of Control in California | Vern Pierson

As the governor recall election looms just over a month away, Governor Newsom remains defensive and reactive and fails to provide a vision that Californians can buy into. Despite being the bluest state in the country, only 48 percent of Californians want to retain Newsom as governor. And if you need a one-liner for why Newsom is not the person to govern California, Newsom had this to say about the recall: “We’re going [to] defeat this partisan effort, and we’re going to work hard to do the work people sent us here to do. If we continue to do that good work, I think we’re going to be OK on Election Day.”

“Partisan effort”? Less than half the state supports him. “Do that good work.” If the good work had been done, there would be no recall. “I think we’re going to be OK on Election Day.” Sounds like a well-intentioned man who still wants the job but is having second thoughts about whether he believes in himself.

California could be so much more.

(Video) California's Shoplifting Law - Penal Code 495.5


Is it legal to shoplift in California? ›

PC 459.5 shoplifting is always a misdemeanor crime and punishable by up to six months in a county jail and fine up to $1,000, unless the defendant has one of more prior convictions. Shoplifting is commonly thought of as stealing an item from a store without paying for it.

Why are stores not stopping shoplifting? ›

The reason is simple, there's the chance of injury to the employee, the thief, and other shoppers. That can also lead to lawsuits. Stores have invested in better cameras, anti-theft devices, and sometimes private security. But there is concern that the hands-off approach is leading to an increase in crime.

How much can you steal in California before it's a felony? ›

YES: In 2014, California adopted Proposition 47 which made thefts of $950 or less a misdemeanor. Once thieves realized they were not going to be arrested and certainly not prosecuted for stealing less than $950 of merchandise, they started brazenly stealing.

What is the California theft law 2023? ›

This bill would amend Proposition 47 by reducing the threshold amount for petty theft and shoplifting from $950 to $400. The bill would provide that it shall become effective only when submitted to, and approved by, the voters of California.

What is the 900 dollar law in California? ›

Now with the passage of Proposition 47, prosecutors cannot charge a forgery involving less than $950 as a felony unless the defendant has a criminal record. The measure both affects future convictions and allows for people currently incarcerated for crimes covered by the measure to petition for re-sentencing.

What is the code for shoplifting at Walmart? ›

One Walmart associate shared the ones they are aware of, starting with a "Code Brown," which means there has been a violent act at the store. Typically, it will be followed by instructions, but unless it is unsafe to leave, it might be in your best interest to get out and get some distance.

Can security guards touch you in California? ›

Security guards are only allowed to use reasonable force when attending to a suspect. Any levels of extra force such as physical restraint and grabbing must only be used when completely necessary and when in the process of detaining someone.

What states have the highest shoplifting? ›

Number of larceny thefts reported in the U.S. 2021, by state

In 2021, the federal state of Texas recorded the most larceny-thefts in the United States, with a total of 452,357 reported cases. It was followed by Washington, with 164,309 reported cases of larceny-thefts.

Can loss prevention detain you in California? ›

Loss prevention officers – who are employed by many stores to prevent shoplifting – can do the following if they believe you are stealing store property: Ask to look in your bag (but you can refuse), use reasonable force to detain you, detain you for a reasonable time, and.

How much can you steal in California without going to jail? ›

Entering an open business with the intent to steal less than $950 worth of property is shoplifting under California state law (Penal Code 495.5). Shoplifting is usually treated as a misdemeanor — unless you have some major prior convictions — punishable by a half-year in county jail and fines of up to $1,000.

How often do shoplifters get caught after the fact? ›

A good moment to stop shoplifters is as they leave the department or the store. However, only 5 to 10 percent of shoplifters are caught. Of those caught, only some are reported to the police and fewer are sentenced (usually to a fine).

What dollar amount is a felony in California? ›

For example, California law states that people commit felony theft (or grand theft) if they take property with a value in excess of $950.00.

Is petty theft legal in California? ›

If you're convicted of Petty Theft, the penalty may be six months in a county jail, a fine of not more than $1,000, or both a fine and imprisonment.

Do shoplifters go to jail in California? ›

If you're convicted of a misdemeanor act of shoplifting, the penalty may be six months in a county jail, a $1,000 fine, or both a fine and jail time. However, if you're convicted of a felony, the penalty for a first offense may be up to three years in a state prison and/or a fine of up to $10,000.

Can loss prevention touch you in California? ›

Loss prevention officers – who are employed by many stores to prevent shoplifting – can do the following if they believe you are stealing store property: Ask to look in your bag (but you can refuse), use reasonable force to detain you, detain you for a reasonable time, and.

Can a store employee physically detain a shoplifter in California? ›

In addition, stores in California enjoy what is called "shopkeeper's privilege." Under California law, the principle of shopkeeper's privilege permits shopkeepers (or store owners or merchants) to detain a customer if they have probable cause that the person is guilty of shoplifting (per Penal Code 459.5).


1. California's Shoplifting Law - Penal Code 495.5
(Diana Weiss Aizman, Esq.)
2. Brazen shoplifting spurs CA law for organized thefts
(KRON 4)
3. Hallie Jackson NOW - March 9 | NBC News NOW
(NBC News)
4. Walgreens Closing Stores Over Shoplifting Fears
(NBC News)
5. Shoplifting is ‘essentially allowed’ in California
(Sky News Australia)
6. Walgreens is gearing up to ditch San Francisco!?
(Los Angeles Wave)
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