Theft - Did You Know

Theft - Did You Know?

July 3, 2024 3:59 PM
by Erika Aklufi

In 2023, the SMPD arrested more than 2500 individuals for misdemeanor and felony violations. Hundreds more were issued citations in the field for misdemeanor offenses per the LA County zero bail policy of Cite and Release (CR). The following numbers reflect those individuals taken into police custody and booked before being released with a citation (BR):

Theft:366 arrestees. This includes 171 shoplifting arrests, 58 petty thefts, 49 grand thefts, 16 frauds, 14 grand thefts from a person, and 14 organized retail theft arrests, among other crimes.

What violations were changed by Prop 47?

The following theft and drug possession offenses have been reclassified as misdemeanors:

Shoplifting. The proposition added section 459.5 to create a new misdemeanor offense called "shoplifting," punishable by up to 6 months in county jail. 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 does not exceed $950.

Forgery. The proposition reclassified forgery of specified instruments under section 473 involving an amount that does not exceed $950 from a felony or wobbler to exclusively a misdemeanor.

Insufficient Funds. Before Proposition 47, a violation of section 476a was a wobbler offense, except that the offense was strictly a misdemeanor if the total underlying amount did not exceed $450. Proposition 47 increased the total threshold amount for misdemeanors, including Insufficient Funds, from $450 to $950.

Petty Theft. Proposition 47 added section 490.2 to define "petty theft" as "obtaining any property by theft where the value of the money, labor, real or personal property taken" does not exceed $950.

Receiving Stolen Property. Before Proposition 47, a violation of section 496 was a wobbler offense, except that if the value of the property did not exceed $950, the district attorney or grand jury may specify the offense as exclusively a misdemeanor "in the interests of justice." Proposition 47 rendered all violations of section 496 that do not exceed $950 as strictly misdemeanors, eliminating prosecutorial discretion to charge those offenses as felonies.

Petty Theft with a Prior. Proposition 47 eliminated the offense of petty theft with a prior under section 666 for most defendants by narrowing the category of persons subject to punishment under that section to only include persons required to register under the Sex Offender Registration Act, persons with prior violent or serious felony convictions under section 667.5(e)(2)(C)(iv), and persons convicted of section 368(d) or (e) [specified theft crimes involving elder or dependent adults].

Drug Possession Offenses. Proposition 47 reclassified drug possession offenses under Health and Safety Code sections 11350, 11357(a) [concentrated cannabis], and 11377 from a felony or wobbler to strictly misdemeanors punishable by up to one year in county jail.

While sales and transporting of drugs for sale is still charged as a felony, Prop 47 reclassified possession of dangerous drugs, including heroin, methamphetamine, and fentanyl as misdemeanors. This has been a severe impediment in law enforcement attempts to control the tide of substances that can cause death, some with only a single dose.

Do the police have to witness a shoplifting incident to make an arrest?

Shoplifting is a misdemeanor. Like all misdemeanors, for a police officer to make an arrest, either the officer must witness the crime or a private person who sees the crime occur (usually the victim) must sign a Private Persons Arrest From and agree to participate in the prosecution of the individual. Once the form is completed, the officer can physically take the person into custody in the case of a Book and Release or issue the person a citation in the field (Cite and Release). The officer then collects any evidence at the scene (i.e., surveillance footage, recovered property, etc.) and writes a report which is forwarded to the City Attorney for prosecution.

Authored By

Erika Aklufi
Lieutenant