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Encyclopedia entry

Penal Code 459.5 (Shoplifting)

Creates a specific misdemeanor shoplifting offense for entering an open business to steal property worth $950 or less.

Penal Code section 459.5, added by Proposition 47, defines shoplifting as entering a commercial establishment during regular business hours with intent to commit larceny of property valued at $950 or less. It is generally a misdemeanor unless the person has certain prior disqualifying convictions, and the statute specifies that a person may not also be charged with burglary for the same conduct.

This is the statute most retail loss-prevention and security personnel encounter in day-to-day operations on Sacramento shopping centers and standalone stores, since it directly addresses low-value theft events that dominate retail incident logs. Understanding the $950 threshold matters for how an incident is documented and referred to law enforcement.

Security and loss-prevention officers can observe, document, and in appropriate cases perform a private-person detention consistent with store policy and PC 837/490.5 principles, but valuation, charging decisions, and prosecution rest with police and prosecutors, not security staff. Aggressive physical recovery of merchandise carries its own use-of-force and liability considerations.

Threshold dollar amounts and related sentencing rules have been subject to legislative reform efforts; verify the current statutory text and any recent amendments before relying on this entry.

Related entries

Retail Theft (Shoplifting)Theft of merchandise from a retail store, addressed through deterrence, observation, and documented incident response.Penal Code 490.4 (Organized Retail Theft)Targets coordinated theft schemes involving multiple people or repeated acts intended for resale, aggregating value across incidents.Citizen's Arrest (Private Person's Arrest)The narrow authority under California Penal Code 837 for any private person, including a security officer, to detain someone for certain offenses.Penal Code 484/487 (Petty Theft and Grand Theft)Sets the general definition of theft and the dollar-value and property-type lines separating petty theft from grand theft.

Official sources

  1. [1]Cal. Penal Code § 459.5California Legislative Information

Links point to the publishing agency or the California Legislative Information text. Government pages are reorganized periodically — if a link moves, search the code section or agency name at the official site.

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General industry and regulatory usage — not legal advice, and not an endorsement by BSIS, the Department of Consumer Affairs, or any law-enforcement agency. Statutes, regulations, and local ordinances change; verify current text at the official government source or with your attorney.

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