Did Voter OK’d Prop. 47 Legalize Shoplifting in the State of California? 

PC: Daniel Lawrence Lu
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By Cheyenne Galloway 

SAN FRANCISCO, CA – Rumors circulated that Prop. 47, passed by voters in 2014, legalized small-scale shoplifting, which might explain the presumed proliferation of shoplifting throughout California, specifically in San Francisco—but that would be wrong-headed thinking, according to Radley Balko of The Watch.

Balko debunks this rhetoric in his article, “Hi! You’ve been referred here because you repeated a false claim about California’s shoplifting law.”

“It’s a narrative,” explains Balko, “driven in large part by viral videos of brazen shoplifting, claims from retailers that they’re closing stores because of theft (some of which have since been persuasively challenged, and some of which have been walked back by retailers themselves), the election of reformist district attorneys, and photos of retailers keeping more and more merchandise under lock and key.”

Balko contends that shoplifting is not legalized; instead, the minimum amount of stolen merchandise to maintain misdemeanor status has risen.

Before the institution of Prop. 47, in California, $400 worth or less of stolen merchandise would be charged as a misdemeanor rather than a felony; this value has increased with Prop. 47 to $950 because of inflation and the elevated price of living in recent years.

Moreover, Balko includes other crimes, such as “check fraud, grand theft, receipt of stolen Property, and forgery,” to explain further why the limit increased to $950.

This new shoplifting threshold does not mean that Prop. 47 legalized shoplifting altogether, Balko contends, noting it is still a punishable offense.

The law now merely creates a new misdemeanor/felony shoplifting threshold, making it no longer a felony to shoplift more than $400 worth of merchandise in California.

Despite this rise in the threshold, California still holds one of the lowest minimums, making it a stricter state in terms of shoplifting compared to other states such as Texas, Wisconsin, Arkansas, Idaho, Arizona, Ohio, and many more.

Balko adds, “But as with much of the criminal justice data right now, the statistical waters have been muddied quite a bit by the pandemic, which abruptly injected unexpected variables into how crime is committed, reported, charged, and tabulated.

“So I won’t claim without reservation that Prop. 47 had no effect on shoplifting. I’m not sure the evidence we have conclusively tells us that. But the evidence doesn’t say it caused shoplifting, either.

“But three things are indisputable here: First, California never legalized shoplifting. Second, California’s shoplifting law isn’t particularly lenient.

“And third, if you’re a shoplifter in California who wants to steal a lot more stuff without worrying about a felony charge, you might consider moving to Texas,” wrote Balko.

About The Author

Cheyenne Galloway recently graduated from the University of California, Santa Barbara, with a double major in Political Science and Italian Studies. Graduating at the top of her class and achieving the distinction Laurea cum laude in her Italian Studies major, she showcases her enthusiasm for knowledge, finding ways to think critically and creatively. She is particularly interested in writing and reporting on social justice and human rights, but as a writing/reporting generalist, she enjoys researching and communicating various topics through written expression.

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11 Comments

  1. Keith Olsen

    The amount one can steal rose from $400 to $950 because of Prop 47 without fear of a felony, don’t you think criminals know this and shoplift more because of it?

    Besides all of the stores that have already closed in San Francisco because of shoplifting like Walgreens, Nordstrom and Whole Foods, while others have guards at their front doors that assess the customers before they’ll unlock the doors and let them in, Target recently put most of their products behind glass.

    https://www.youtube.com/watch?v=C7V2y82jkKk

     

     

    1. David Greenwald

      “don’t you think criminals know this ”

      Probably not. Also the level in 2014 when Prop 47 was passed was the same without any sort of inflation adjustment since the early 1970s I believe. And they probably also don’t count up what they’ve stolen because they don’t have time to calculate. Prosecutors have other ways to charge felonies including for organized theft, felony conspiracy charges.

      Also, even at $950, California is in the middle tier of states in terms of the felony threshold. Texas is $2000.

      1. Keith Olsen

        One can steal a lot of products and still stay under $950.

         And they probably also don’t count up what they’ve stolen because they don’t have time to calculate

        I think you underestimate thieves.  They aren’t going to steal right up to the number but know that they can still steal several hundreds of dollars worth and still not get convicted.  All of the San Francisco store closing and subsequent measure taken is proof of how far out of hand things have gotten.

        1. David Greenwald

          Again key points you have not addressed:

          1. The pre-2014 figure was not inflation adjusted in over 30 years

          2. Other states including Texas have higher thresholds

          3. Prosecutors have other ways to put felonies on cases – sometimes questionably so

        2. Walter Shwe

          Have you ever looked at red states like Texas and Florida? Those San Francisco stores could have been unprofitable without including any loses due to shoplifting? People could have not been shopping enough in those now closed stores. Employee theft could have been increasing. You have once again expressed a decidedly right wing opinion.

          1. David Greenwald

            Florida also has a higher felony threshold than California, but he doesn’t seem to want to address that issue.

        3. Keith Olsen

          Shwe and David won’t admit that Prop 47 has led to many store closures SF and stores like Target now having to put all their goods behind glass under lock and key because of the increased shoplifting.

          They have once again expressed their decidedly left wing opinions.

        4. Keith Olsen

          You let me know when you’ll address the fact that SF stores have products under lock and key and that major stores have to assess patrons at the front door before they will open up and let them in.

          1. David Greenwald

            California’s felony limit is less than half that of Texas. So why is it driving crime in California but not Texas?

        5. Ron Oertel

          I think the Vanguard should sponsor a “contest” between different states, to see which one can decriminalize the most crimes.

          With the winner being the loser.

          By the way, REI has “had enough” of Portland. Which started when a sufficient number of losers from California moved there, and found that they had discovered a similar-minded city.

          https://www.oregonlive.com/business/2023/04/rei-to-close-its-only-portland-store-citing-break-ins-theft.html

          Of course, it’s not yet as bad as parts of L.A., where they follow you home, rob and assault you.

          Then again, there was that incident on Twin Peaks (in San Francisco):

          https://www.cbsnews.com/sanfrancisco/news/caught-on-video-canadian-film-crew-assaulted-robbed-at-gun-point-at-san-franciscos-twin-peaks/

          Along with many, many other incidents.

          “Inflation-adjusted crime”, indeed.

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