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California Theft Laws
California Theft Laws

 

California Theft / Shoplifting classes

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California Theft Laws
California Theft Laws

 

486. Theft is divided into two degrees, the first of which is termed grand theft ; the second, petty theft . 487. Grand theft is theft committed in any of the following cases:

(a) When the money, labor, or real or personal property taken is of a value exceeding four hundred dollars ($400), except as provided in subdivision (b). (b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases:

(1) (A) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding one hundred dollars ($100). (B) For the purposes of establishing that the value of avocados or citrus fruit under this paragraph exceeds one hundred dollars ($100), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft avocados or citrus fruit of the same variety and weight exceeded one hundred dollars ($100) in wholesale value.

(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding one hundred dollars ($100).

(3) Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates four hundred dollars ($400) or more in any 12 consecutive month period.

(c) When the property is taken from the person of another.

(d) When the property taken is any of the following:

(1) An automobile, horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or pig.

(2) A firearm. (e) This section shall become operative on January 1, 1997. 487a.

(a) Every person who shall feloniously steal, take, transport or carry the carcass of any bovine, caprine, equine, ovine, or suine animal or of any mule, jack or jenny, which is the personal property of another, or who shall fraudulently appropriate such property which has been entrusted to him, is guilty of grand theft . (

b) Every person who shall feloniously steal, take, transport, or carry any portion of the carcass of any bovine, caprine, equine, ovine, or suine animal or of any mule, jack, or jenny, which has been killed without the consent of the owner thereof, is guilty of grand theft . 487b. Every person who converts real estate of the value of one hundred dollars ($100) or more into personal property by severance from the realty of another, and with felonious intent to do so, steals, takes, and carries away such property is guilty of grand theft and is punishable by imprisonment in the state prison. 487c. Every person who converts real estate of the value of less than one hundred dollars ($100) into personal property by severance from the realty of another, and with felonious intent to do so steals, takes, and carries away such property is guilty of petty theft and is punishable by imprisonment in the county jail for not more than one year, or by a fine not exceeding one thousand dollars ($1,000), or by both such fine and imprisonment. 487d. Every person who feloniously steals, takes, and carries away, or attempts to take, steal, and carry from any mining claim, tunnel, sluice, undercurrent, riffle box, or sulfurate machine, another's gold dust, amalgam, or quicksilver is guilty of grand theft and is punishable by imprisonment in the state prison. 487e. Every person who feloniously steals, takes, or carries away a dog of another which is of a value exceeding four hundred dollars ($400) is guilty of grand theft . 487f. Every person who feloniously steals, takes, or carries away a dog of another which is of a value not exceeding four hundred dollars ($400) is guilty of petty theft . 487g. Every person who steals or maliciously takes or carries away any animal of another for purposes of sale, medical research, slaughter, or other commercial use, or who knowingly, by any false representation or pretense, defrauds another person of any animal for purposes of sale, medical research, slaughter, or other commercial use is guilty of a public offense punishable by imprisonment in a county jail not exceeding one year or in the state prison. 487h.

(a) Every person who steals, takes, or carries away cargo of another, when the cargo taken is of a value exceeding four hundred dollars ($400), except as provided in Sections 487, 487a, and 487d, is guilty of grand theft .

(b) For the purposes of this section, "cargo" means any goods, wares, products, or manufactured merchandise that has been loaded into a trailer, railcar, or cargo container, awaiting or in transit.

(c) This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2010, deletes or extends that date. 488. Theft in other cases is petty theft . 489. Grand theft is punishable as follows:

(a) When the grand theft involves the theft of a firearm, by imprisonment in the state prison for 16 months, 2, or 3 years.

(b) In all other cases, by imprisonment in a county jail not exceeding one year or in the state prison. 490. Petty theft is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or both. 490a. Wherever any law or statute of this state refers to or mentions larceny, embezzlement, or stealing, said law or statute shall hereafter be read and interpreted as if the word " theft " were substituted therefor. 490.1.

(a) Petty theft , where the value of the money, labor, real or personal property taken is of a value which does not exceed fifty dollars ($50), may be charged as a misdemeanor or an infraction, at the discretion of the prosecutor, provided that the person charged with the offense has no other theft or theft -related conviction.

(b) Any offense charged as an infraction under this section shall be subject to the provisions of subdivision (d) of Section 17 and Sections 19.6 and 19.7. A violation which is an infraction under this section is punishable by a fine not exceeding two hundred fifty dollars ($250). 490.5.

(a) Upon a first conviction for petty theft involving merchandise taken from a merchant's premises or a book or other library materials taken from a library facility, a person shall be punished by a mandatory fine of not less than fifty dollars ($50) and not more than one thousand dollars ($1,000) for each such violation; and may also be punished by imprisonment in the county jail, not exceeding six months, or both such fine and imprisonment.

(b) When an unemancipated minor's willful conduct would constitute petty theft involving merchandise taken from a merchant's premises or a book or other library materials taken from a library facility, any merchant or library facility who has been injured by that conduct may bring a civil action against the parent or legal guardian having control and custody of the minor. For the purposes of those actions the misconduct of the unemancipated minor shall be imputed to the parent or legal guardian having control and custody of the minor. The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this subdivision shall be jointly and severally liable with the minor to a merchant or to a library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the parent or legal guardian shall be jointly and severally liable with the minor to the merchant for the retail value of the merchandise if it is not recovered in a merchantable condition, or to a library facility for the fair market value of its book or other library materials. Recovery of these damages may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of that court, or in any other appropriate court; however, total damages, including the value of the merchandise or book or other library materials, shall not exceed five hundred dollars ($500) for each action brought under this section. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies, except that the provisions of Section 1714.1 of the Civil Code shall not apply herein.

(c) When an adult or emancipated minor has unlawfully taken merchandise from a merchant's premises, or a book or other library materials from a library facility, the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the adult or emancipated minor shall be liable to the merchant for the retail value of the merchandise if it is not recovered in merchantable condition, or to a library facility for the fair market value of its book or other library materials. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies.

(d) In lieu of the fines prescribed by subdivision (a), any person may be required to perform public services designated by the court, provided that in no event shall any such person be required to perform less than the number of hours of such public service necessary to satisfy the fine assessed by the court as provided by subdivision (a) at the minimum wage prevailing in the state at the time of sentencing.

(e) All fines collected under this section shall be collected and distributed in accordance with Sections 1463 and 1463.1 of the Penal Code ; provided, however, that a county may, by a majority vote of the members of its board of supervisors, allocate any amount up to, but not exceeding 50 percent of such fines to the county superintendent of schools for allocation to local school districts. The fines allocated shall be administered by the county superintendent of schools to finance public school programs, which provide counseling or other educational services designed to discourage shoplifting, theft , and burglary. Subject to rules and regulations as may be adopted by the Superintendent of Public Instruction, each county superintendent of schools shall allocate such funds to school districts within the county which submit project applications designed to further the educational purposes of this section. The costs of administration of this section by each county superintendent of schools shall be paid from the funds allocated to the county superintendent of schools.

(f) (1) A merchant may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant's premises. A theater owner may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the theater owner has probable cause to believe the person to be detained is attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater. A person employed by a library facility may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the person employed by a library facility has probable cause to believe the person to be detained is attempting to unlawfully remove or has unlawfully removed books or library materials from the premises of the library facility.

(2) In making the detention a merchant, theater owner, or a person employed by a library facility may use a reasonable amount of nondeadly force necessary to protect himself or herself and to prevent escape of the person detained or the loss of tangible or intangible property.

(3) During the period of detention any items which a merchant or theater owner, or any items which a person employed by a library facility has probable cause to believe are unlawfully taken from the premises of the merchant or library facility, or recorded on theater premises, and which are in plain view may be examined by the merchant, theater owner, or person employed by a library facility for the purposes of ascertaining the ownership thereof.

(4) A merchant, theater owner, a person employed by a library facility, or an agent thereof, having probable cause to believe the person detained was attempting to unlawfully take or has taken any item from the premises, or was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater, may request the person detained to voluntarily surrender the item or recording. Should the person detained refuse to surrender the recording or item of which there is probable cause to believe has been recorded on or unlawfully taken from the premises, or attempted to be recorded or unlawfully taken from the premises, a limited and reasonable search may be conducted by those authorized to make the detention in order to recover the item. Only packages, shopping bags, handbags or other property in the immediate possession of the person detained, but not including any clothing worn by the person, may be searched pursuant to this subdivision. Upon surrender or discovery of the item, the person detained may also be requested, but may not be required, to provide adequate proof of his or her true identity.

(5) If any person admitted to a theater in which a motion picture is to be or is being exhibited, refuses or fails to give or surrender possession or to cease operation of any video recording device that the person has brought into or attempts to bring into that theater, then a theater owner shall have the right to refuse admission to that person or request that the person leave the premises and shall thereupon offer to refund and, unless that offer is refused, refund to that person the price paid by that person for admission to that theater. If the person thereafter refuses to leave the theater or cease operation of the video recording device, then the person shall be deemed to be intentionally interfering with and obstructing those attempting to carry on a lawful business within the meaning of Section 602.1.

(6) A peace officer who accepts custody of a person arrested for an offense contained in this section may, subsequent to the arrest, search the person arrested and his or her immediate possessions for any item or items alleged to have been taken.

(7) In any civil action brought by any person resulting from a detention or arrest by a merchant, it shall be a defense to such action that the merchant detaining or arresting such person had probable cause to believe that the person had stolen or attempted to steal merchandise and that the merchant acted reasonably under all the circumstances. In any civil action brought by any person resulting from a detention or arrest by a theater owner or person employed by a library facility, it shall be a defense to that action that the theater owner or person employed by a library facility detaining or arresting that person had probable cause to believe that the person was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater or had stolen or attempted to steal books or library materials and that the person employed by a library facility acted reasonably under all the circumstances.

(g) As used in this section:

(1) "Merchandise" means any personal property, capable of manual delivery, displayed, held or offered for retail sale by a merchant.

(2) "Merchant" means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any premises used for the retail purchase or sale of any personal property capable of manual delivery.

(3) "Theater owner" means an owner or operator, and the agent, employee, consignee, lessee, or officer of an owner or operator, of any premises used for the exhibition or performance of motion pictures to the general public.

(4) The terms "book or other library materials" include any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual material in any format, magnetic or other tape, electronic data-processing record, artifact, or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, on loan to, or otherwise in the custody of a library facility.

(5) The term "library facility" includes any public library; any library of an educational, historical or eleemosynary institution, organization or society; any museum; any repository of public records. (h) Any library facility shall post at its entrance and exit a conspicuous sign to read as follows: "IN ORDER TO PREVENT THE THEFT OF BOOKS AND LIBRARY MATERIALS, STATE LAW AUTHORIZES THE DETENTION FOR A REASONABLE PERIOD OF ANY PERSON USING THESE FACILITIES SUSPECTED OF COMMITTING "LIBRARY THEFT " ( PENAL CODE SECTION 490.5)." 490.6.

(a) A person employed by an amusement park may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the person employed by the amusement park has probable cause to believe the person to be detained is violating lawful amusement park rules.

(b) If any person admitted to an amusement park refuses or fails to follow lawful amusement park rules, after being so informed, then an amusement park employee may request that the person either comply or leave the premises. If the person refuses to leave the premises or comply with lawful park rules, then the person shall be deemed to be intentionally interfering with and obstructing those attempting to carry on a lawful business within the meaning of Section 602.1.

(c) In any civil action brought by any person resulting from a detention or an arrest by a person employed by an amusement park, it shall be a defense to that action that the amusement park employee detaining or arresting the person had probable cause to believe that the person was not following lawful amusement park rules and that the amusement park employee acted reasonably under all the circumstances. 490.7.

(a) The Legislature finds that free newspapers provide a key source of information to the public, in many cases providing an important alternative to the news and ideas expressed in other local media sources. The Legislature further finds that the unauthorized taking of multiple copies of free newspapers, whether done to sell them to recycling centers, to injure a business competitor, to deprive others of the opportunity to read them, or for any other reason, injures the rights of readers, writers, publishers, and advertisers, and impoverishes the marketplace of ideas in California.

(b) No person shall take more than twenty-five (25) copies of the current issue of a free or complimentary newspaper if done with the intent to do one or more of the following:

(1) Recycle the newspapers for cash or other payment.

(2) Sell or barter the newspaper.

(3) Deprive others of the opportunity to read or enjoy the newspaper.

(4) Harm a business competitor.

(c) This section does not apply to the owner or operator of the newsrack in which the copies are placed, the owner or operator of the property on which the newsrack is placed, the publisher, the printer, the distributor, the deliverer of the newspaper, or to any advertiser in that issue, or to any other person who has the express permission to do so from any of these entities.

(d) Any newspaper publisher may provide express permission to take more than twenty-five (25) copies of the current issue of a free or complimentary newspaper by indicating on the newsrack or in the newspaper itself, that people may take a greater number of copies if they wish.

(e) A first violation of subdivision (b) shall be an infraction punishable by a fine not exceeding two hundred fifty dollars ($250). A second or subsequent violation shall be punishable as an infraction or a misdemeanor. A misdemeanor conviction under this section is punishable by a fine not exceeding five hundred dollars ($500), imprisonment of up to 10 days in a county jail, or by both that fine and imprisonment. The court may order community service in lieu of the punishment otherwise provided for an infraction or misdemeanor in the amount of 20 hours for an infraction, and 40 hours for a misdemeanor. A misdemeanor conviction under this section shall not constitute a conviction for petty theft .

(f) This section shall not be construed to repeal, modify, or weaken any existing legal prohibitions against the taking of private property.

(g) For purposes of this section, an issue is current if no more than half of the period of time until the distribution of the next issue has passed. 491. Dogs are personal property, and their value is to be ascertained in the same manner as the value of other property. 492. If the thing stolen consists of any evidence of debt, or other written instrument, the amount of money due thereupon, or secured to be paid thereby, and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence thereof, is the value of the thing stolen. 493. If the thing stolen is any ticket or other paper or writing entitling or purporting to entitle the holder or proprietor thereof to a passage upon any railroad or vessel or other public conveyance, the price at which tickets entitling a person to a like passage are usually sold by the proprietors of such conveyance is the value of such ticket, paper, or writing. 494. All the provisions of this Chapter apply where the property taken is an instrument for the payment of money, evidence of debt, public security, or passage ticket, completed and ready to be issued or delivered, although the same has never been issued or delivered by the makers thereof to any person as a purchaser or owner. 495. The provisions of this Chapter apply where the thing taken is any fixture or part of the realty, and is severed at the time of the taking, in the same manner as if the thing had been severed by another person at some previous time. 496.

(a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a state prison, or in a county jail for not more than one year. However, if the district attorney or the grand jury determines that this action would be in the interests of justice, the district attorney or the grand jury, as the case may be, may, if the value of the property does not exceed four hundred dollars ($400), specify in the accusatory pleading that the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year. A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property.

(b) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code , and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value in excess of four hundred dollars ($400) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a state prison, or in a county jail for not more than one year. Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code , and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value of four hundred dollars ($400) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor.

(c) Any person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney's fees. (d) Notwithstanding Section 664, any attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in the state prison, or in a county jail for not more than one year.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1.

Section 490.5 of the Penal Code is amended to read: 490.5.

(a) Upon a first conviction for petty theft involving merchandise taken from a merchant's premises or a book or other library materials taken from a library facility, a person shall be punished by a mandatory fine of not less than fifty dollars ($50) and not more than one thousand dollars ($1,000) for each such violation; and may also be punished by imprisonment in the county jail, not exceeding six months, or both such fine and imprisonment.

(b) When an unemancipated minor's willful conduct would constitute petty theft involving merchandise taken from a merchant's premises or a book or other library materials taken from a library facility, any merchant or library facility who has been injured by that conduct may bring a civil action against the parent or legal guardian having control and custody of the minor. For the purposes of those actions the misconduct of the unemancipated minor shall be imputed to the parent or legal guardian having control and custody of the minor. The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this subdivision shall be jointly and severally liable with the minor to a merchant or to a library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the parent or legal guardian shall be jointly and severally liable with the minor to the merchant for the retail value of the merchandise if it is not recovered in a merchantable condition, or to a library facility for the fair market value of its book or other library materials. Recovery of these damages may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of that court, or in any other appropriate court; however, total damages, including the value of the merchandise or book or other library materials, shall not exceed five hundred dollars ($500) for each action brought under this section. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies, except that the provisions of Section 1714.1 of the Civil Code shall not apply herein.

(c) When an adult or emancipated minor has unlawfully taken merchandise from a merchant's premises, or a book or other library materials from a library facility, the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the adult or emancipated minor shall be liable to the merchant for the retail value of the merchandise if it is not recovered in merchantable condition, or to a library facility for the fair market value of its book or other library materials. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies.

(d) In lieu of the fines prescribed by subdivision (a), any person may be required to perform public services designated by the court, provided that in no event shall any such person be required to perform less than the number of hours of such public service necessary to satisfy the fine assessed by the court as provided by subdivision (a) at the minimum wage prevailing in the state at the time of sentencing.

(e) All fines collected under this section shall be collected and distributed in accordance with Sections 1463 and 1463.1 of the Penal Code; provided, however, that a county may, by a majority vote of the members of its board of supervisors, allocate any amount up to, but not exceeding 50 percent of such fines to the county superintendent of schools for allocation to local school districts. The fines allocated shall be administered by the county superintendent of schools to finance public school programs, which provide counseling or other educational services designed to discourage shoplifting , theft, and burglary. Subject to rules and regulations as may be adopted by the Superintendent of Public Instruction, each county superintendent of schools shall allocate such funds to school districts within the county which submit project applications designed to further the educational purposes of this section. The costs of administration of this section by each county superintendent of schools shall be paid from the funds allocated to the county superintendent of schools.

(f) (1) A merchant may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant's premises. A theater owner may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the theater owner has probable cause to believe the person to be detained is attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater. A person employed by a library facility may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the person employed by a library facility has probable cause to believe the person to be detained is attempting to unlawfully remove or has unlawfully removed books or library materials from the premises of the library facility.

(2) In making the detention a merchant, theater owner, or a person employed by a library facility may use a reasonable amount of nondeadly force necessary to protect himself or herself and to prevent escape of the person detained or the loss of tangible or intangible property.

(3) During the period of detention any items which a merchant or theater owner, or any items which a person employed by a library facility has probable cause to believe are unlawfully taken from the premises of the merchant or library facility, or recorded on theater premises, and which are in plain view may be examined by the merchant, theater owner, or person employed by a library facility for the purposes of ascertaining the ownership thereof.

(4) A merchant, theater owner, a person employed by a library facility, or an agent thereof, having probable cause to believe the person detained was attempting to unlawfully take or has taken any item from the premises, or was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater, may request the person detained to voluntarily surrender the item or recording. Should the person detained refuse to surrender the recording or item of which there is probable cause to believe has been recorded on or unlawfully taken from the premises, or attempted to be recorded or unlawfully taken from the premises, a limited and reasonable search may be conducted by those authorized to make the detention in order to recover the item. Only packages, shopping bags, handbags or other property in the immediate possession of the person detained, but not including any clothing worn by the person, may be searched pursuant to this subdivision. Upon surrender or discovery of the item, the person detained may also be requested, but may not be required, to provide adequate proof of his or her true identity.

(5) If any person admitted to a theater in which a motion picture is to be or is being exhibited, refuses or fails to give or surrender possession or to cease operation of any video recording device that the person has brought into or attempts to bring into that theater, then a theater owner shall have the right to refuse admission to that person or request that the person leave the premises and shall thereupon offer to refund and, unless that offer is refused, refund to that person the price paid by that person for admission to that theater. If the person thereafter refuses to leave the theater or cease operation of the video recording device, then the person shall be deemed to be intentionally interfering with and obstructing those attempting to carry on a lawful business within the meaning of Section 602.1.

(6) A peace officer who accepts custody of a person arrested for an offense contained in this section may, subsequent to the arrest, search the person arrested and his or her immediate possessions for any item or items alleged to have been taken.

(7) In any civil action brought by any person resulting from a detention or arrest by a merchant, it shall be a defense to such action that the merchant detaining or arresting such person had probable cause to believe that the person had stolen or attempted to steal merchandise and that the merchant acted reasonably under all the circumstances. In any civil action brought by any person resulting from a detention or arrest by a theater owner or person employed by a library facility, it shall be a defense to that action that the theater owner or person employed by a library facility detaining or arresting that person had probable cause to believe that the person was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater or had stolen or attempted to steal books or library materials and that the person employed by a library facility acted reasonably under all the circumstances. (g) As used in this section:

(1) "Merchandise" means any personal property, capable of manual delivery, displayed, held or offered for retail sale by a merchant.

(2) "Merchant" means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any premises used for the retail purchase or sale of any personal property capable of manual delivery.

(3) "Theater owner" means an owner or operator, and the agent, employee, consignee, lessee, or officer of an owner or operator, of any premises used for the exhibition or performance of motion pictures to the general public.

(4) The terms "book or other library materials" include any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual material in any format, magnetic or other tape, electronic data-processing record, artifact, or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, on loan to, or otherwise in the custody of a library facility.

(5) The term "library facility" includes any public library; any library of an educational, historical or eleemosynary institution, organization or society; any museum; any repository of public records. (h) Any library facility shall post at its entrance and exit a conspicuous sign to read as follows: "IN ORDER TO PREVENT THE THEFT OF BOOKS AND LIBRARY MATERIALS, STATE LAW AUTHORIZES THE DETENTION FOR A REASONABLE PERIOD OF ANY PERSON USING THESE FACILITIES SUSPECTED OF COMMITTING "LIBRARY THEFT" (PENAL CODE SECTION 490.5)." SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.

 

 

take a theft class * take a shoplifting class * take a theft class * take a petit class * take a theft class * take a shoplifting course

Disclaimer
Please note, the theft law information on this page is provided as a courtesy to help explain theft, shoplifting and stealing laws. There is no guarantee or assurance of reliability or validity. Laws change over time and this page may or may not be current. The code that is provided on this site is an unofficial posting of the State Codes. The files making up this Internet version of the State Codes do not constitute the official text of the State Codes and are intended for informational purposes only. No representation is made as to the accuracy or completeness of these sections. While every effort was made to ensure the accuracy and completeness of the statutes available Theft Talk shall not be liable or held responsible for any errors or omissions which may occur in these files, they are provided on an "As Is" basis. Use of the information and services are at the sole risk of the user. There is absolutely NO INTENT to provide legal advice or suggest these links can substitute for competent legal advice. For official versions of any state's current laws, the user is directed to that states Revised Statutes, all amendments and cumulative supplements thereto published by that state. Please notify the Webmaster if you find any irregularities in the statutes on this web site. The Webmaster will relay the information to appropriate staff to investigate the irregularities. The printed version of the State Codes should be consulted for all matters requiring reliance on the statutory text. If you were involved in a theft or shoplifting incident you are encouraged to consider taking a theft class, theft course or shoplifting education class such as the one provided by Theft Talk. Research shows theft school and/or theft education can be an effective theft prevention. Theft Talk is an online theft education, shoplifting education class about stealing, it can be very effective if you want to stop stealing. Evan it was a small theft, a petty theft class or petty theft school could be right for you!

An online theft class / shoplifting class / larceny class / petty theft class for people who have stolen

 

 

THEFT TALK -- since 1983  

Online Shoplifting - Theft Classes / Theft Education Stealing is a crime

 

 

 

Is the TTOS Theft / Shoplifting class Right for You?

Theft programs can vary a great deal in terms of content and delivery method. Like many things on the internet they are not always what they "appear" to be. Our research has only found three theft classes offered online that are good and reputable. There are a few theft classes offered that are either a bit deceptive about pricing (i.e., one price is all you really pay), certificate delivery (is it mailed or does it cost more?) or simplythe class does not meet a high professional quality standard. Choose Theft Talk or not - be careful.

A Nationwide Program

TTOS is a Nationwide Company that has a reputation across the Nation for our high quality programs. We have been providing Theft / Shoplifting classes since 1983 as our Theft Talk program.

Some "Online" theft / shoplifting programs are not actually a real online service. These theft classes indicate they are an online program because they can be found and purchased on a web page, but in reality the theft class is really a book you purchase or a download file that you put on your computer. This is really not an online class but rather a product you purchase on the web.

When we say we offer a Online California Theft / Shoplifting class, we mean "Online."

With our theft class you will register online, create your username/password so that you can log in and out of the program as many times as you want 24/7. You make your Theft / Shoplifting class purchase online. You take all of your coursework online as well. There are no downloads or anything else. The system will "remember" you and all of your scores as you log in and out of our secure system. You will also be able to print the Theft Class Certificate of Completion directly from your screen upon successful completion of the program.

A Workbook Class is available too

As an alternative to the online class, please note we do also offer a workbook/correspondence course for those without internet access.

Credentials, Experience and Qualified

If you are comparing programs we encourage you to make sure you are comparing apples to apples. What is the history of the company providing the course? What kind of experience, education and training qualifies them to offer classes? Was the class written by a professional in the field or by a non-experienced "writer" or "canned" curriculum?

TTOS staff began researching and working with Theft / Shoplifting clients in 1983. At the onset the service was called Theft Talk. Now, TTOS is a nationwide service providing high quality evidence based Theft / Shoplifting services. All TTOS counselors are required to complete rigorous training prior to becoming a certified counselor. All Counselors are required to have a minimum of a Bachelor's Degree and are supervised by staff with a minimum of a Master's Degree.

Can a judge, probation officer or attorney contact the agency to verify credentials?

Of course! If your specific court is not familiar with our program you may wish to print our court approval documentation, (click here to get document). to give them further information. If they contact our office we will also provide them access to our online theft class so they can view the program and its integrity for themselves.

The Psychology of Stealing

What is the program based off of? Is there substance or just feel good babble? The TTOS Theft / Shoplifting class is based on the book The Psychology of Stealing, written by Steven M. Houseworth, MA who is a consultant for TTOS Listed below are the objectives of our program.

OBJECTIVE 1: Empowerment: To assist the client in developing a sense of personal responsibility for each decision they make. Prior to completing our online course each client will acknowledge they are the only one who can stop themselves from stealing.

OBJECTIVE 2: Education: To inform each client of the impact stealing has on others. The purpose is to have each client perceive theft quite differently from how it is typically perceived. In this regard, the second objective is to provide each client with specific information and skills to include in their decision making process. Prior to completing the course each client will associate stealing with the actual impact it always has on others.

OBJECTIVE 3: Victim Awareness: To have each client consider the value he/she places on “others”. This third objective entails having the offender look into him/her self, introspectively and weigh the value placed on SELF vs. the value placed on OTHERS. We are not trying to build the offenders self image. We recognize the importance of this however, our focus is on developing an OTHERS image.

OBJECTIVE 4: Empathy Development: To have each client consider the value he/she places on "others." This objective entails having the offender look into him/herself, introspectively and weigh the value placed on SELF vs. the value placed on OTHERS. Prior to, and long after completing the course each client will question themselves - asking, seriously, how important they believe others really are.

Do they offer a refund policy? What happens if your court does not accept the program?

TTOS stands behind its program and offers a full money back guarantee. Click here to view the TTOS Guarantee.

Why is the TTOS price so reasonable?

At TTOS we strive hard to keep our overhead costs low so that we can pass on the savings to you. We are well aware of all the other financial obligations that were likely placed upon you by the courts. We want you to be successful at completing your court orders. We give you, what we believe to be a solid honest fair price for our service. With our program I am very confident that you will be receiving one of the best Theft / Shoplifting programs available.

For some, an online program is best. No need to take time off work or out of your busy schedule. You complete the course in your home or at any internet connection on your schedule. Our classes are available 24/7. For others, sitting in a group or with a live instructor might be the best option. Either way make sure the program that you utilize measures up.

 

Click Here to Register for your theft Class now!

The TT Online Services™ Inc. Theft / Shoplifting classes

TT Online Services™ Inc. provides Theft / Shoplifting classes as a 4 hour Theft / Shoplifting class or an 8 hour Theft / Shoplifting class. The Theft / Shoplifting curriculum is based on, "The Psychology of Stealing" by our founder, Steven Michael Houseworth, MA. Our Theft / Shoplifting classes do not focus on laws and punishments - you already know stealing is illegal. A key component of an effective Theft / Shoplifting class is to educate the student about the dangers of mental rehearsing theft behaviors. No Theft / Shoplifting class would be complete if it did not provide new, meaningful and useful information. Our Theft / Shoplifting classes work under the assumption that the way a person thinks guides the way a person behaves. The TT Online Services™ Theft / Shoplifting classes use a cognitive restructuring approach which basically follows the tenant of Norman Vincent Peale (1898 - 1993): "Change your thoughts and you will change your world." Our Theft / Shoplifting classes ask the client to explore their attitudes, values and beliefs. Each of our Theft / Shoplifting classes end asking the client to figure out what they believe, who they are and to identify their value system. To this end, our Theft / Shoplifting classes have a victim focus and work toward understanding and developing empathy.

The TT Online Services™ Theft / Shoplifting classes began in 1983. As practitioners in the criminal justice field it it only made sense to focus on a specialty of theft since most crimes are theft related - theft, shoplifting, burglary, unauthorized use of a vehicle, burglary, robbery, etc.. Our first Theft / Shoplifting class was called Theft Talk and we quickly learned that conducting Theft / Shoplifting classes is a formidable task. Initially we spent most of our time on techniques and, through trial and error, our Theft / Shoplifting class evolved into the Theft / Shoplifting class it is today. Our education, the volumes or research and practice has proven that a Theft / Shoplifting class has little likelihood of being effective unless a key component is included - the attitudes, values and beliefs of the person with the Theft / Shoplifting problem. Theft / Shoplifting clients need to change their thinking if they want to to change their behavior.

What are you going to try to do to me in your Theft / Shoplifting class?

Strangely enough this Theft / Shoplifting question is quite important! It is of high importance to TT Online Services™ that we don't try to do anything to you. Our Theft / Shoplifting classes do not try to fix you. Our Theft / Shoplifting classes do not judge you. Our Theft / Shoplifting classes do not try to force anything on you and have no intent of imposing change on you. Critical to the success of our theft class is the need to: a) be respectful of the client, b) not be judgmental of the client, c) not try to impose "the truth" on the client and d) not try to impose change on the client. Our Theft / Shoplifting class is education oriented and works under the assumption that if you learn you will change your thoughts. If you change your thoughts you will change your behavior, your life and your world. Yes, with great confidence we are strong believers in education, we attribute education to have converted the human animal to the human being. Any change that comes as a result of taking our Theft / Shoplifting classes is change that the client makes. We can take credit for providing meaningful information; the client needs to take credit for changing his/her Theft / Shoplifting behavior. Life gets much better, much happier and becomes more fulfilling once Theft / Shoplifting problems are in the past.

Okay, it is education based, so what can I expect to learn in this Theft / Shoplifting classes?

Our Theft / Shoplifting classes are based on the book by Steven Michael Houseworth, MA, "The Psychology of Stealing." The Theft / Shoplifting class curriculum finds a balance between providing new information and providing Theft / Shoplifting "stuff" you can try, work on, use to deal with a Theft / Shoplifting problem. The education component explains theft in a way you have likely never heard before and then moves right on to asking you to rethink Theft / Shoplifting beliefs you may have that are not true.

What is the best way to take a Theft / Shoplifting class?

Theft / Shoplifting classes come in many forms. The old traditional counselor in a chair method of dealing with people with Theft / Shoplifting problems may be right for you. Counselors, psychologists and some social workers offer their services and, if you have insurance or can afford their fees, you would do well to explore that route. Personally, I recommend a counselor or psychologist for theft issues.

Another popular way to take a Theft / Shoplifting class is by attending an in person Theft / Shoplifting classroom. This form of Theft / Shoplifting class is often available in bigger cities. Basically, there are two forms of in person Theft / Shoplifting classes; there is the Theft / Shoplifting class and the Theft / Shoplifting group . If you don't mind sharing your Theft / Shoplifting problems, or simply prefer a group or classroom setting, a Theft / Shoplifting class or Theft / Shoplifting group might be suited to you.

TT Online Services™ offers two other forms of Theft / Shoplifting classes. Our Theft / Shoplifting classes are offered as an online Theft / Shoplifting class or a Theft / Shoplifting workbook (study at home). As previously noted our Theft / Shoplifting classes are educational in nature. One huge benefit of an online Theft / Shoplifting class is fidelity. Online Theft / Shoplifting classes are delivered consistently the same way for each client and eliminate natural human errors and omissions.

Our workbook Theft / Shoplifting class consists of the same content as the online class but is in a workbook format versus online.

Tell me about the online Theft / Shoplifting class.

It really is pretty simple. The first thing you do is get registered so you can take your online Theft / Shoplifting class - it's free to register, (create an account). Try not to register more than one time, you will likely lose track of usernames and passwords and need to call our help center.

When you register you will be asked to input your email address. This becomes important because after you register for the online Theft / Shoplifting class you will be sent an auto generated email confirming your registration. If you don't get an email right away we suggest you check your spam or junk-mail to see if it is there. You will also be asked for the email address of the person who referred you to our Theft / Shoplifting class (If you have it). It is usually worth taking the time to get that person's email address because that person is sent a confirmation that you got registered for the Theft / Shoplifting class and again when you complete your Theft / Shoplifting class.

Once you are registered you need to pick the Theft / Shoplifting class you want to take: The juvenile or adult version; the impulse control version; the petit theft version (same class but different certificate); the 4 hour class, the 8 hour class.

Pick your class, click on the PayPal/Credit Card icon to pay for your Theft / Shoplifting class and you are ready to go.

Are there added costs or other things to buy?

The TT Online Services™ Online Theft / Shoplifting classes are 100% online. There are no additional items to buy and there are no added costs.

Will the TT Online Services™ Online Theft / Shoplifting class be accepted by the person who referred me to a Theft / Shoplifting class?

TT Online Services™ is a nationwide premier provider of online Theft / Shoplifting classes and has been accepted in every state in the country. That said, there is no national standard for Theft / Shoplifting classes and any judge, probation officer or employer can accept a Theft / Shoplifting class or reject it. We do offer a money back guarantee (be sure to read the details) if our online Theft / Shoplifting class is not accepted.

Can I really take my Theft / Shoplifting class anytime - day or night?

That's right! You can take your Theft / Shoplifting class anytime, day or night, 23 hours a day 7 days a week. You also only need to work on your Theft / Shoplifting class for as long as you want to. Stop and start when you want - the system will remember where you last ended your Theft / Shoplifting class.

Are your Theft / Shoplifting class exams difficult to pass?

Our exams do have fairly high standards. If you want to be sure to successfully complete any one chapter in your online Theft / Shoplifting class you will very likely pass the exam if you simply read the material in that chapter. The only people who report our Theft / Shoplifting class exams to be problematic are the people who tried "skimming" without learning. Our exams are typically reported to be easy after the person actually reads the chapter.

What if I need help, have a problem or need support?

Support for our Theft / Shoplifting customers is very important to TT Online Services™. We offer email support seven days a week 15 hours a day. We provide phone support 10 hours a day on weekdays. We are often available by phone on weekends. You can email support@thefttalk.com and you will typically get a response in one hour or less.

How do I get my Theft / Shoplifting class completion certificate?

After you have completed all of your Theft / Shoplifting class a Completion Certificate is immediately activated and made available to you. If you want TT Online Services™ to mail or email you a certificate, just ask - no added fee. Mailed Theft / Shoplifting class Completion Certificates are embossed and can be sent directly to the person who referred you to our Theft / Shoplifting class.

 

Sign up for your theft class here!

 

 

 

 

A Really Good Choice

Our Theft / Shoplifting class is a convenient way to complete a court ordered, PO, diversion or school required program.

You can take the class from any location in the United States, Europe, Canada or Australia with a computer and internet access. There is nothing to download or print, simply register, log in, pay and begin your class.

Our Courses Include:

24 hour access to your class

Immediate Proof of Enrollment

Start and stop at any time - work at your pace

Use home computer or public library

A world class learning experience

User friendly

Support by phone weekdays, by email 7 days a week

Free Certificate of Completion immediately available upon completion

Our Philosophy

Change your thoughts and you change your world .

~Norman Vincent Peale
(1898 - 1993)

Learn about our money back guarantee

(Click For Details)

 

Theft Class: A TTOS Program

Theft Talk ™

 

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