Second Degree Shoplifting

Shoplifting is more common than many people realize. While some shoplifters are professionals who steal large quantities to resell for profit, others are amateurs who make impulsive decisions to take merchandise. Regardless of the motive, shoplifting is illegal in California. Understanding the laws can help people avoid trouble.

What Constitutes Shoplifting?

Shoplifting, also called petty theft, refers to stealing merchandise from a store while it is open for business. California law divides theft into two categories – grand theft for stolen items worth more than $950, and petty theft for items below that threshold. Shoplifting falls under petty theft.

The crime occurs when someone takes store property without paying for it or without permission. Shoplifting does not require leaving the store premises. As soon as merchandise is concealed or removed from its proper place, it qualifies as shoplifting under the law.

Shoplifting becomes robbery if force or threats are used. For example, if a shoplifter pushes a security guard to escape, it crosses into robbery territory. Robbery charges are more severe.

Degrees of Shoplifting

California penal code section 459.5 specifically prohibits shoplifting and divides it into first and second degree offenses.

First degree shoplifting involves a previous conviction for certain violent or serious felonies, including robbery, burglary, carjacking, arson, and felony assault. First degree shoplifting can be charged as a felony with up to 3 years imprisonment.

All other forms are second degree. This makes shoplifting a “wobbler” offense that can be charged as a misdemeanor or felony. Misdemeanor convictions carry up to 6 months in jail. Felony convictions can result in up to 3 years imprisonment.

Sentences also depend on the number of priors, if any. California’s Three Strikes Law imposes harsh sentences on repeat offenders.

Shoplifting Elements

For a shoplifting conviction, prosecutors must prove these elements:

• The defendant entered a commercial establishment while open for business
• They intended to commit theft or larceny inside
• The stolen merchandise was worth $950 or less
• The defendant lacked permission to take the items

Possible Defenses

Shoplifting defendants can raise several defenses to fight the charges:

• Mistake of fact – The person did not realize they needed to pay. For example, misunderstanding store policies or forgetting to scan an item at self-checkout.
• Lack of intent – The person planned to pay but was distracted and walked out inadvertently without paying.
• False accusation – The defendant did not take anything but is wrongly accused of shoplifting.
• Momentary insanity – A mental health episode or medical condition caused temporary insanity that led to irrational behavior.
• Consent – The store manager or owner gave permission to take the items.

An experienced criminal defense lawyer can evaluate the facts of the case to determine the best defense strategy.

Penalties

Shoplifting has two potential sentences – misdemeanor or felony. Factors like prior convictions and value of merchandise affect the charges.

For misdemeanors, the maximum sentence is 6 months in county jail and/or up to a $1,000 fine. Felony convictions can result in 16 months, 2 years, or 3 years imprisonment in county jail or state prison. Fines up to $10,000 are possible.

Probation or diversion programs are common for first-time offenders who steal inexpensive items. Community service, counseling, restitution, and theft prevention classes may be required. Jail time is more likely for repeat offenders or those who steal costly merchandise or large quantities.

Immigration Consequences

Shoplifting convictions can negatively impact non-citizen residents. These crimes are considered crimes of moral turpitude which can result in denial of citizenship applications or deportation. Those charged with shoplifting should consult an immigration attorney.

Expungement

California allows expungement of shoplifting convictions in some cases. Expungement clears the offense from public records. To qualify, the person cannot have felony convictions on their record. The probation period must be completed successfully.

Expungement restores some civil rights and makes it easier to find jobs and housing. An attorney can advise whether expungement is possible.

Prevention

Stores use many tactics to deter shoplifting, like security cameras, anti-theft tags, and guards. But shoplifting continues, costing retailers billions annually. Companies offset these losses by raising prices.

Consumers end up paying higher prices because of shoplifting. And stores may close locations with excessive theft. Shoplifting hurts everyone.

The best way to avoid shoplifting penalties is simply not to do it. But some people struggle with shoplifting compulsions. Counseling helps address the root causes of this behavior. Shoplifters Anonymous and the National Association for Shoplifting Prevention offer support groups.

Shoplifting is never a wise choice. But people make mistakes. An attorney can help first-time offenders get charges reduced or dismissed. For those struggling with shoplifting addictions, counseling provides a healthier path forward. Understanding the laws allows people to make informed choices.