Pen. Code, § 459.5 · Chapter 2. Burglary
Pen. Code, § 459.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) 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). Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except that a person with one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290 may be punished pursuant to subdivision (h) of Section 1170.
(b) Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property.
Notes and commentary — not statutory text
History
Added November 4, 2014, by initiative Proposition 47, Sec. 5.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=459.5.
- Text hash
- sha256 c4f3acfccf1077f5aa8977660b6b8c7389999ac72a2818c2472ef0005549b0bd
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 6 provisions
Provisions in this library whose text cites Pen. Code, § 459.5. Each shows the citation as that text prints it.
Penal Code
- Pen. Code, § 490.3Printed as Sections 459.5, 484, 488, and 490.2
- Pen. Code, § 490.8Printed as Section 459.5
- Pen. Code, § 666.1Printed as Section 459.5
- Pen. Code, § 836Printed as Section 459.5
- Pen. Code, § 1170.18Printed as Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code
- Pen. Code, § 1203gPrinted as Section 459.5
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.