Index
California Proposition 47 (Shoplifting)
Summary
Prop 47 was a voter-approved initiative that downgraded many non-violent property and drug crimes from felonies to misdemeanors to reduce prison overcrowding.
Rights & Rules
- 01.If you steal property (shoplifting, grand theft, receiving stolen property) and the value of the items is $950 or less, the crime MUST be charged as a misdemeanor, not a felony.
- 02.Forgery and passing bad checks are also misdemeanors if the value is under $950.
- 03.The personal possession of most illegal drugs (like heroin or cocaine) is charged as a misdemeanor instead of a felony.
- 04.This law does NOT apply to individuals who have prior convictions for murder, rape, certain sex offenses, or gun crimes.
Penalties
- 01.Misdemeanors generally carry a maximum sentence of up to 6 months in county jail rather than years in a state prison. Critics argue this has severely hampered police enforcement of retail theft.
Verified Citations
California Penal Code Section 459.5 (Prop 47)
Source"Notwithstanding Section 459, 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). Shoplifting shall be punished as a misdemeanor..."