In California, petty theft is theft of money, labor, or property worth $950 or less. It is generally a misdemeanor, punishable by up to six months in county jail, a fine of up to $1,000, or both (Penal Code 488, 490, and 490.2). Shoplifting of $950 or less is a separate misdemeanor under PC 459.5, and some prior convictions can turn either charge into a felony.
This guide explains the California Penal Code petty theft sections, what Proposition 36 changed in December 2024, what a first offense can look like, and which diversion programs to ask about. It reflects the statutes as of October 2026. Laws change, so check the current code or ask a criminal defense attorney about your case.
California Penal Code petty theft sections at a glance
- PC 484: defines theft.
- PC 488: theft that is not grand theft is petty theft.
- PC 490.2: theft of $950 or less is petty theft, punished as a misdemeanor.
- PC 490: the maximum penalty for petty theft.
- PC 490.1: petty theft of $50 or less can be an infraction.
- PC 490.5: fines for store theft, merchant detentions, and civil liability to stores.
- PC 459.5: shoplifting.
- PC 666 and 666.1: petty theft with prior convictions.
- PC 490.3: combining the value of several thefts.
- PC 1001.95: misdemeanor diversion offered by a judge.
PC 484: how California defines theft
Penal Code 484 covers several kinds of taking. Stealing someone's personal property, fraudulently keeping property that was entrusted to you, and getting money, labor, or property through a false representation or pretense are all theft under California law.
Value is measured by reasonable and fair market value. For services, the contract price controls, or the going wage if there was no contract.
PC 488 and 490.2: the $950 petty theft line
PC 488 is one sentence long: "Theft in other cases is petty theft," meaning theft that does not qualify as grand theft. PC 487 generally makes theft of property worth more than $950 grand theft.
Proposition 47, approved by voters on November 4, 2014, added PC 490.2. Under it, theft of property worth $950 or less is petty theft and is punished as a misdemeanor, even if another law would otherwise call it grand theft. There are two main exceptions:
- Firearms. PC 490.2 does not apply to theft of a firearm, which is grand theft regardless of value (PC 487(d)) and carries a state prison term (PC 489).
- Certain serious prior records. A person with a prior conviction for one of the serious or violent felonies listed in PC 667(e)(2)(C)(iv), or for an offense that requires sex offender registration, can receive a felony sentence under PC 1170(h).
Penalties for petty theft in California: PC 490, 490.1, and 490.5
Under PC 490, petty theft is punishable by up to six months in county jail, a fine of up to $1,000, or both. Misdemeanor probation in California generally cannot exceed one year (PC 1203a).
When the theft involves merchandise taken from a store, PC 490.5(a) sets a mandatory fine of $50 to $1,000 for a first conviction, and the court can also impose up to six months in jail. A judge may order community service in place of that fine (PC 490.5(d)).
At the low end, PC 490.1 lets prosecutors charge petty theft of $50 or less as either a misdemeanor or an infraction, but only if the person has no other theft or theft-related conviction. An infraction carries a fine of up to $250 and cannot be punished with jail (PC 19.6).
California shoplifting law: PC 459.5
Proposition 47 also created a separate shoplifting crime. Under PC 459.5, shoplifting means entering a business while it is open during regular business hours, intending to steal property worth $950 or less. It is a misdemeanor, with the same serious-prior-record exception as PC 490.2.
Entering a business to steal in any other situation, such as after hours or intending to take more than $950, is burglary. When conduct fits the shoplifting definition, it must be charged as shoplifting, and prosecutors cannot also charge burglary or theft of the same property.
Stores have rights of their own. Under PC 490.5(f), a merchant with probable cause can detain a person for a reasonable time to investigate. Separately from any criminal case, an adult who takes merchandise can owe the store $50 to $500 plus costs, and the retail value of anything not recovered in sellable condition (PC 490.5(c)). Parents can be liable for a minor's store theft, with total damages capped at $500 per lawsuit (PC 490.5(b)).
Before you pay or respond to a store's letter, read our guides on shoplifting civil demand letters and teen shoplifting, and talk to an attorney.
Petty theft with a prior: PC 666 and Proposition 36's PC 666.1
California has two laws that can raise a petty theft charge because of a prior record.
PC 666 applies only to a narrow group: people required to register as sex offenders, people with certain serious or violent felony convictions, and people convicted of certain theft or fraud crimes against elders or dependent adults (PC 368(d) or (e)). If someone in that group has a prior theft-related conviction, served time for it, and is convicted of petty theft again, the new offense can bring up to a year in county jail or a state prison term.
Proposition 36, approved by voters on November 5, 2024 and effective December 18, 2024, added PC 666.1. If a person with two or more prior convictions for listed offenses is convicted of petty theft or shoplifting, the sentence can be up to a year in county jail or a felony term of 16 months, two years, or three years under PC 1170(h). A second or later conviction under PC 666.1 can bring a state prison term.
The listed priors include petty theft, shoplifting, grand theft, burglary, robbery, carjacking, vehicle theft, receiving stolen property, identity theft and mail theft, and theft from an elder or dependent adult. Convictions from before the law took effect count. After an arrest under PC 666.1, a judge must review the case before release.
PC 666.1 also lets prosecutors and county probation departments refer people to a theft diversion or deferred entry of judgment program under PC 1001.81, with substance use treatment where appropriate. For repeat offenders, a petty theft class may be one of several conditions a court or program sets, but whether diversion is open to you depends on the program and your record. Ask your lawyer before counting on any option.
PC 490.3: adding up the value of several thefts
Proposition 36 also added PC 490.3. It lets prosecutors combine the value of property taken in one or more acts of theft or shoplifting into a single charge, and the total decides the degree of theft. Several small thefts can therefore add up to grand theft.
PC 487(e) separately allows the value from distinct but related acts, including acts against different victims or in other counties, to be combined into a grand theft charge when the acts are motivated by one intention, one general impulse, and one plan.
Petty theft in California: first offense
With no prior theft record, a petty theft charge is generally a misdemeanor, or an infraction if the value was $50 or less and the prosecutor chooses that route. Possible outcomes include:
- A fine, including the mandatory $50 to $1,000 fine for a first conviction involving store merchandise
- Misdemeanor probation, generally for no more than one year
- Restitution and community service
- A theft or shoplifting class as a condition of probation or diversion
- Jail, up to the six-month legal maximum
A first offense may also be a candidate for the diversion and civil compromise options below. Your attorney can tell you how these cases are usually handled in your county.
Diversion programs for petty theft in California
California has several paths that can end a petty theft case without a conviction. None is automatic, and what is available varies by county and by case.
- Judge-offered misdemeanor diversion (PC 1001.95). A judge may offer diversion in a misdemeanor case, even over the prosecutor's objection. The case can be paused for up to 24 months while you complete court-ordered terms, conditions, or programs, and it is dismissed if you comply. Full restitution is required, but inability to pay because of indigence cannot be the reason diversion is denied (PC 1001.96). After successful completion, the arrest is generally treated as if it never occurred (PC 1001.97).
- Theft diversion programs (PC 1001.81). A city or county prosecutor or the county probation department may create a diversion or deferred entry of judgment program for theft. Conditions can include community service, courses the prosecutor reasonably requires, and restitution. This law is currently set to be repealed on January 1, 2031.
- Civil compromise (PC 1377 and 1378). For many misdemeanors where the victim could sue, the victim can appear in court before trial and acknowledge being paid back. The judge then has discretion to stop the prosecution and discharge you, and that order bars another prosecution for the same offense. Some offenses are excluded, including elder abuse under PC 368 and domestic violence.
A criminal defense attorney or public defender can tell you which of these fit your case and what programs your county runs. Do not assume a class or a payment will end your case unless your lawyer or the court confirms it.
When California courts require a theft class
California judges can set reasonable probation conditions aimed at rehabilitation (PC 1203.1(j)), and a theft or shoplifting class can be one of them. A class can also be part of judge-offered diversion, which allows the terms, conditions, or programs the judge considers appropriate (PC 1001.95), or of a theft diversion program (PC 1001.81). Your paperwork or the person supervising your case sets the required hours, format, and any provider list.
If your court, prosecutor, probation officer, or diversion program requires a theft or shoplifting class, our self-paced online Theft Awareness Class covers the consequences of theft, the thinking and triggers behind it, and practical skills for better choices. It comes as a 4-hour class, an 8-hour class, and 12 and 16-hour options; see our California theft class options. Before enrollment, confirm the specific course and required hours with your probation officer, attorney, or assigning authority.
What to do next
- Talk to a lawyer early. A criminal defense attorney or public defender can tell you whether judge-offered diversion, a county theft diversion program, or civil compromise could apply.
- Share your full record with your lawyer. Prior convictions affect whether PC 666 or 666.1 can apply.
- Tell your lawyer if you are not a U.S. citizen. Theft convictions can have immigration consequences.
- Keep every document, including court papers and any letter a store sends you. Talk to a lawyer before paying a civil demand.
- Meet every deadline. If a class is ordered, confirm the course, hours, and format, then turn in your certificate on time.
For how other states handle this offense, see What Is Petty Theft? and Is Shoplifting a Felony?