Shoplifting or retail theft laws vary from state to state, and in many states the act of shoplifting—taking displayed goods from a commercial retail store during store hours and without paying for the goods—is classified as the criminal offense of theft or larceny.
Shoplifting, theft, and larceny laws are often classified in part by the value of the goods stolen, attempted to be stolen, or intended to be stolen. These laws are generally located in a state’s statutes—often in the penal or criminal code.
In California, shoplifting is defined under California Penal Code Section 459.5, which was established by Proposition 47. Shoplifting is considered the act of entering a commercial establishment with the intent to commit larceny while that establishment is open during regular business hours, where the value of the property taken does not exceed $950. Any theft of property valued below this amount is considered petty theft, which is a misdemeanor. If the value exceeds $950, the theft may be charged as grand theft, which can be a misdemeanor or a felony, depending on the circumstances and the discretion of the prosecutor. California law also recognizes the concept of 'organized retail theft' (California Penal Code Section 490.4), which involves coordinated shoplifting efforts by multiple individuals or repeat offenses that can lead to more severe charges. The penalties for shoplifting can include fines, probation, community service, and imprisonment, and the severity of the penalties typically correlates with the value of the stolen goods and the offender's criminal history.