This page is a permanent link to the reply below and its nested replies. See all post replies »
akindheart · 61-69, F
Can you freaking believe what they are doing? they won't prosecute unless the theft is over 900.00 so the homeless steal a little every day and then sell it on the streets. craziness and yet they vote for Newsom.
Diotrephes · 70-79, M
@akindheart
Are you sure about that?
§ 459.5 PC – California “Shoplifting” Laws & Penalties
https://www.shouselaw.com/ca/defense/penal-code/459-5/
Illegal to stop retail theft in California? No, bill never proposed this | Fact check
https://www.usatoday.com/story/news/factcheck/2023/09/12/false-claim-california-bill-would-outlaw-stopping-shoplifters-fact-check/70807687007/
Can you freaking believe what they are doing? they won't prosecute unless the theft is over 900.00 so the homeless steal a little every day and then sell it on the streets. craziness and yet they vote for Newsom.
Are you sure about that?
§ 459.5 PC – California “Shoplifting” Laws & Penalties
https://www.shouselaw.com/ca/defense/penal-code/459-5/
Illegal to stop retail theft in California? No, bill never proposed this | Fact check
https://www.usatoday.com/story/news/factcheck/2023/09/12/false-claim-california-bill-would-outlaw-stopping-shoplifters-fact-check/70807687007/
akindheart · 61-69, F
@Diotrephes you know. you might be right. you can't believe fake news can you?
Diotrephes · 70-79, M
@akindheart
"SHOPLIFTING LAWS – CALIFORNIA PENAL CODE 459.5 PC
REVIEW OF PC 459.5 SHOPLIFTING LAWS AND DEFENSES
California Penal Code 459.5 describes the crime of shoplifting as entering an open business during their normal hours with intent to steal merchandise valued at $950 or less.
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.
WHAT ARE SOME DEFENSES TO SHOPLIFTING?
The crime of shoplifting requires a specific criminal intent to steal the items from a store prior to entry.
Criminal Defense for California Shoplifting Cases
Thus, perhaps we can make an argument you developed the intent to steal after you entered the business.
While this defense still can result in a conviction for petty theft, it may help avoid a conviction of shoplifting in certain cases.
If an individual forgot to pay for an item or was planning to pay for an item they were carrying in a bag or pocket while inside the store, then a mistake defense can be raised.
Prosecutors will look to every fact and circumstance in a shoplifting case to prove an individual's criminal intent as it is often the key element that needs to be proven in a shoplifting case."
https://www.egattorneys.com/shoplifting-penal-code-459-5
Why Shoplifting Is Now De Facto Legal In California
"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."
https://www.hoover.org/research/why-shoplifting-now-de-facto-legal-california
It's only a crime if you are arrested and convicted.
you know. you might be right. you can't believe fake news can you?
It's difficult to keep up with California laws because they come up with weird ones everyday. "SHOPLIFTING LAWS – CALIFORNIA PENAL CODE 459.5 PC
REVIEW OF PC 459.5 SHOPLIFTING LAWS AND DEFENSES
California Penal Code 459.5 describes the crime of shoplifting as entering an open business during their normal hours with intent to steal merchandise valued at $950 or less.
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.
WHAT ARE SOME DEFENSES TO SHOPLIFTING?
The crime of shoplifting requires a specific criminal intent to steal the items from a store prior to entry.
Criminal Defense for California Shoplifting Cases
Thus, perhaps we can make an argument you developed the intent to steal after you entered the business.
While this defense still can result in a conviction for petty theft, it may help avoid a conviction of shoplifting in certain cases.
If an individual forgot to pay for an item or was planning to pay for an item they were carrying in a bag or pocket while inside the store, then a mistake defense can be raised.
Prosecutors will look to every fact and circumstance in a shoplifting case to prove an individual's criminal intent as it is often the key element that needs to be proven in a shoplifting case."
https://www.egattorneys.com/shoplifting-penal-code-459-5
Why Shoplifting Is Now De Facto Legal In California
"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."
https://www.hoover.org/research/why-shoplifting-now-de-facto-legal-california
It's only a crime if you are arrested and convicted.