Penal Code 484 PC: Theft and Petty Theft in California

Penal Code 484 defines theft in California: taking someone else's property without permission and intending to keep it, keeping property you were trusted with, or getting money or property by lying. Theft of $950 or less is usually petty theft, a misdemeanor with up to six months in county jail and a fine of up to $1,000 (PC 488, 490).

What PC 484 means

PC 484 is the definition of theft for most California theft crimes. It covers taking or driving away someone else's property (larceny), keeping or using property you were trusted with (embezzlement), getting money, property or labor by a false statement or pretense (false pretenses), and getting credit through false reports about your finances. Whether a theft is petty or grand depends on the value and the type of property (PC 487, 488).

Value is the reasonable and fair market value of the property, or for services, the contract price or the going wage (PC 484). Theft of $950 or less is petty theft and a misdemeanor in most cases, whatever the method, unless the property is a gun (PC 490.2).

Theft can also cover rented or leased property that is not returned. Failing to return it within 20 days of a written demand, or 10 days for property worth more than $1,000 that is not an ordinary household item, is treated as evidence that you meant to steal it, which you can rebut (PC 484(b)).

For theft by larceny, the most common kind, the prosecutor must prove each of these beyond a reasonable doubt (CALCRIM 1800):

1. You took possession of property that belonged to someone else
2. You took it without the owner's consent
3. When you took it, you intended to deprive the owner of it permanently, or for so long that the owner would lose a major part of its value or enjoyment
4. You moved the property, even a small distance, and kept it for any length of time, however brief

Petty theft penalties

• Petty theft: up to six months in county jail, a fine of up to $1,000, or both (PC 488, 490)
• First conviction for taking merchandise from a store: a mandatory fine of $50 to $1,000, and up to six months in county jail (PC 490.5(a))
• $50 or less, with no prior theft or theft-related conviction: the prosecutor can charge it as an infraction (PC 490.1)
• With two or more prior convictions for theft, burglary, robbery, carjacking, receiving stolen property, vehicle theft, shoplifting or identity theft: it can be filed as a felony, with 16 months, two or three years, usually in county jail (PC 666.1, 1170(h))
• With a prior theft conviction you served time for, plus a prior serious or violent felony, a registrable sex offense or certain elder abuse convictions: it can be filed as a felony (PC 666)

Many first-time petty theft cases end without a conviction, through judge-granted diversion, a civil compromise with the store, or a reduction to an infraction.

Shoplifting, petty theft and burglary

Entering an open store intending to steal $950 or less is shoplifting (PC 459.5), a misdemeanor in most cases, and it can't also be charged as burglary or theft of the same property. Taking more than $950, or entering a store after hours to steal, can be charged as burglary (PC 459) or grand theft (PC 487). Proposition 36 lets prosecutors add up the value of separate thefts or shoplifting incidents into one charge to reach grand theft (PC 490.3).

Civil demand letters from stores

Stores often send a letter demanding payment after a theft accusation. California lets a merchant sue an adult for $50 to $500 plus costs, and the value of anything not recovered in sellable condition (PC 490.5(c)). That is a civil claim, separate from the criminal case, and paying it does not end a criminal charge. Talk to us before you respond, because what you write can be used as evidence.

Consequences beyond jail

• Future charges: a petty theft conviction counts as a prior under Proposition 36, so two of them can make the next petty theft or shoplifting charge a felony (PC 666.1)
• Work and licenses: theft is a crime of dishonesty, which matters to employers, landlords and licensing boards
• Immigration: for non-citizens, theft is usually treated as a crime involving moral turpitude, so talk to us before any plea

Common defenses to PC 484

It depends on the evidence. Common defenses include:

• You didn't intend to steal, for example you forgot an item in your cart or bag
• You believed in good faith that the property was yours or that you had a right to it
• Mistaken identity on store video
• The value is $50 or less, which can make it an infraction, or the value is overstated
• The stop, search or statement was unlawful, so the evidence can be thrown out (PC 1538.5)
• Insufficient evidence to prove the charge beyond a reasonable doubt

We review the store video, receipts, the loss prevention report and any statements to find the weaknesses in the case.

Related charges

• PC 487 grand theft
• PC 459 burglary and PC 459.5 shoplifting
• PC 211 robbery
• PC 530.5 identity theft
• PC 496 receiving stolen property
• Embezzlement and theft (practice page)

PC 484 cases in Riverside and San Bernardino counties

Proposition 36 has made prior theft records count for more here. In 2025, Riverside County courts recorded 1,537 felony filings under PC 666.1, the new law for theft with two or more priors, and San Bernardino County courts 907, out of 15,508 statewide, according to the Judicial Council. Many misdemeanor theft cases start with a citation and a date to appear in court, not an arrest. Willfully missing that date is a separate misdemeanor (PC 853.7).

In San Bernardino County, cases from Rancho Cucamonga, Ontario, Upland, Chino, Chino Hills, Montclair, Fontana and Rialto are heard at the West Valley courthouse in Rancho Cucamonga; cases from San Bernardino, Colton, Highland, Redlands, Loma Linda and Yucaipa at the San Bernardino Justice Center; and cases from Victorville, Hesperia and Apple Valley at the Victorville courthouse. In Riverside County, criminal cases are heard at five courthouses: the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the Banning Justice Center, the Larson Justice Center in Indio and the Blythe courthouse. Our office is in Riverside, and Yvonne Todd began her career as a Public Defender in San Bernardino.

Read the official text of PC 484 on the California Legislative Information site.

This page is general information about California law, not legal advice about your case. Reading it does not create an attorney-client relationship.