California Penal Code §459.5 — Shoplifting
PC §459.5 defines shoplifting — created by Prop 47 (2014) — as entering a commercial establishment during business hours with intent to commit larceny of property valued at $950 or less. It is a misdemeanor (not a burglary) and carries up to 6 months in county jail.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Shoplifting Cases in All LA County Courts
01 — Quick Facts
PC §459.5 — Shoplifting at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §459.5 — Shoplifting |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Jail Term | Up to 6 months county jail |
| Fine | Up to $1,000 |
| Value Threshold | $950 or less |
| vs Commercial Burglary | PC §459 requires ≥$950 loss OR closed hours OR non-larceny intent |
| Prop 47 Origin | Reduced most theft-based commercial burglaries to misdemeanor |
| Diversion | PC §1001.95 judicial diversion available |
| Prior-Serious-Felony Exception | Persons with prior 'super strike' convictions still charged as felony §459 |
| Immigration | Theft-based CIMT — mitigation critical |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §459.5?
What Is California Penal Code §459.5?
PC §459.5 Reads:
"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."
— California Penal Code §459.5(a)
Before Prop 47, walking into a store to steal was often filed as commercial burglary under §459 — a wobbler carrying up to 3 years. Prop 47 carved out §459.5 to force a misdemeanor filing where the intended loss is $950 or less, the store is open, and the intent is theft (not another felony). Defendants with prior 'super strike' or sex-offender registerable convictions remain eligible for felony §459 filing.
§459.5 vs §459 Commercial Burglary
§459.5 is the mandatory filing when the three thresholds are met: open hours + intent to steal + ≤$950. If the entry occurred while closed, or the intent was to commit a different felony (identity theft, check fraud), or the value exceeded $950, prosecutors may charge §459 second-degree commercial burglary instead.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §459.5
Under CALCRIM 1703, the prosecution must prove each element beyond a reasonable doubt.
Entry Into Commercial Establishment
Defendant entered a commercial establishment.
Intent to Commit Larceny at Entry
At the moment of entry, defendant intended to commit theft.
Open During Business Hours
The establishment was open for business at the time of entry.
Value ≤ $950
Property taken or intended to be taken was worth $950 or less.
04 — Penalties
Penalties for PC §459.5 Shoplifting in California
§459.5 is a Prop 47 misdemeanor with substantial diversion and reduction pathways.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Shoplifting | PC §459.5 | Up to 6 months county jail | Available; §1001.95 diversion primary | No |
| Second-Degree Commercial Burglary (comparison) | PC §459 | Up to 3 years (16m/2/3) as felony | Available | No |
| Petty Theft (comparison) | PC §484 / §490.2 | Up to 6 months jail | Available | No |
Sentencing Enhancements
Prior 'Super Strike'
PC §667(e)(2)(C)(iv) / §290 registrant
Defendants with a prior murder, forcible sex offense, or §290-registerable offense may be charged as felony §459 despite Prop 47.
Organized Retail Theft
PC §490.4
Multiple §459.5 acts across ≥2 counties totalling >$950 in 12 months can be aggregated to felony §490.4.
Civil Demand
PC §490.5
Merchants can recover $50–$500 civil penalty separate from criminal case.
Additional Consequences Beyond Prison
- Automatic §1001.95 diversion eligibility on first-time filings
- Immigration: theft-based CIMT — potential inadmissibility even on misdemeanor
- Retail-store lifetime trespass bar (Prop 47 conviction) — separate §602 exposure on re-entry
- Professional license impact — DRE, Bar, nursing, financial services
- Employment background-check impact
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §459.5 Shoplifting Charges
§459.5 defenses attack intent-at-entry, value, and commercial-establishment element.
PC §1001.95 Judicial Diversion
First-time §459.5 filings are eligible for judicial diversion — dismissal on completion of terms.
§1001.95
Intent Formed After Entry
Where the intent to steal was formed after entering the store, the case drops to petty theft (§484/§490.2) — no burglary at all.
Timing
Value Contest
MSRP overstatements, aggregation disputes, and returns push value below $950.
Value
No Concealment / No Taking
Where defendant did not conceal or leave the store with the item, intent to permanently deprive is contestable.
Element
Prop 47 §1170.18 Reduction
Pre-2014 felony commercial burglary convictions for shoplifting conduct can be reduced to §459.5 misdemeanor petitions.
§1170.18
Constitutional Sources
07 — Court Process
How PC §459.5 Shoplifting Cases Move Through Los Angeles Courts
§459.5 cases move quickly and are frequently diverted.
- 1
Step 1 — Detention & Cite-Out
Loss-prevention officer detains, PD cites out. Physical arrest is rare.
- 2
Step 2 — Arraignment
Not-guilty plea; discovery scheduled.
- 3
Step 3 — Loss-Prevention Discovery
Store CCTV, incident reports, and civil-demand letters obtained.
- 4
Step 4 — §1001.95 Motion
Judicial diversion motion filed at pretrial.
- 5
Step 5 — Diversion / Plea / Trial
Most first-time §459.5 filings resolve via diversion and dismissal.
Los Angeles Courts That Handle PC §459.5 Shoplifting Cases
§459.5 cases are handled at every LA County misdemeanor calendar.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Shoplifting Defense Attorney
Daniel S. Rubin has defended clients charged with shoplifting and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §459.5 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Shoplifting Cases Throughout LA County
09 — FAQs
PC §459.5 Shoplifting Questions — Los Angeles
Is PC §459.5 the same as burglary?
No. Prop 47 (2014) carved shoplifting out of the burglary statute. §459.5 is a misdemeanor. §459 burglary is a wobbler.
What if I was charged with §459 for shoplifting conduct?
Where the entry was during open hours with intent to steal ≤$950, the charge must be §459.5. A §459 filing is subject to Prop 47 reduction under §1170.18.
Can §459.5 be dismissed?
Yes. PC §1001.95 judicial misdemeanor diversion allows dismissal on completion of court-set terms — a top outcome for first-time filings.
Will the store sue me too?
The store can demand a civil penalty of $50–$500 under §490.5. That civil action is separate from the criminal case.
Available 24/7 — Free Consultation
Charged With PC §459.5 in Los Angeles?
Prop 47 shoplifting defense with §1001.95 diversion and CIMT-aware mitigation. Rubin Law, P.C. — (213) 723-2337.