What You Need to Know About California’s New Retail Theft Laws
In August of 2024, Governor Newsom signed a package of new laws specifically designed to crack down on retail theft in California. Residents are outraged about so-called “porch piracy,” with countless parcels going missing each year. Shoplifting has reached unheard-of levels, and armed robberies are also on the rise. To combat this issue, the California government is enforcing stricter laws and more severe penalties for virtually anyone accused of theft in the Golden State. This is something you should be aware of – especially if you have been accused of a theft-related offense in California.
Fortunately, you do not need to face this legal battle alone. Milligan, Beswick, Levine & Knox, LLP is well aware of the recent changes to California’s theft laws – and we can help you get started with an effective, up-to-date defense strategy. Our experienced Redlands criminal defense attorneys have represented many defendants – including those accused of theft. Managing partner C. Patrick Milligan remains focused on litigation, having practiced for more than 50 years. A Stanford graduate, Milligan prides himself in aggressive legal advocacy. Our other experienced criminal defense attorneys include Stephen P. Levine, James L. Knox, and Elizabeth Leon Gonzales.
The “Locked Door Loophole” is Now Gone in Car Burglary Cases
One of the 10 bills signed into law is SB 905, which eliminates the “locked door loophole” regarding burglary cases. Previously, prosecutors in these cases were forced to prove that a defendant forcibly broke into a vehicle. Now, the definition of auto burglary has been revised – and anyone who forcibly enters a vehicle to commit a crime would face up to three years in jail. Technically speaking, this is a new crime – separate from auto burglary. Auto burglary itself can be prosecuted as a misdemeanor or felony. Possession of property acquired via car burglary is also a new crime, and it can be a felony or misdemeanor.
Organized Retail Theft Rings are Now Easier to Prosecute
SB 1144 makes it easier to prosecute online retail theft rings. Also known as “fences,” these online accounts can easily liquidate stolen assets while covering tracks. Previously, online marketplaces were not allowed to share certain information during investigations – making it difficult to prosecute those who were selling stolen items online. This new bill, however, defines a wider range of transactions and marketplaces as “high-volume third-party sellers.” Under California law, all online marketplaces must now create clear policies that prohibit the sale of stolen goods. They must also create some kind of system to report the sale of stolen goods both internally and externally to law enforcement in California.
Starting Fires During Retail Thefts Now Come With Serious Penalties
SB 1242 creates a new aggravating factor for the crime of arson. Under this new bill, starting a fire in a retail store or any “merchant premises” now leads to more serious penalties – especially if it is connected to organized retail theft. The implications behind this bill are clear: People in California are starting fires in stores to distract employees and security guards while they shoplift en masse. California lawmakers have obviously taken a very dim view of this tactic, and felony arson charges are likely for anyone who attempts it.
New Sentencing Enhancements for Dealing in Stolen Items
SB 1416 creates sentencing enhancements for those who attempt to deal in stolen items. This includes selling, returning, and exchanging stolen merchandise. The items in question may be obtained through shoplifting, theft, or burglary. Anyone who “acts in concert” with someone dealing in stolen goods faces similar penalties, and even attempting to sell, return, or exchange these items now leads to sentencing enhancements. Repeatedly participating in these illegal “fences” for stolen goods may lead to particularly severe penalties under this new bill.
Many Temporary Measures Against Retail Theft are Now Becoming Permanent
In its fight against retail theft, California created various laws that were expected to expire or “sunset” in the future. However, AB 1802 and SB 982 make many of these changes permanent. The crime of organized retail theft was set to expire in 2026, but AB 1802 extends this law indefinitely. Organized retail theft occurs when groups of people engage in retail theft together in a pre-planned manner. This includes recruiting people to shoplift on your behalf. In addition, a regional task force against organized retail theft has been extended indefinitely. SB 982 essentially accomplishes the same goal.
It Is Now Easier for Officers to Arrest Suspects for Grand Theft
SB 2943 makes it easier for law enforcement officers in California to arrest suspects on charges of grand theft. Even if officers do not personally witness any crimes taking place, they can still make arrests relatively easily with this new bill. The bill also allows prosecutors to “collect” numerous thefts committed by a suspect over an extended time period. This makes it easier for prosecutors to meet the $950 threshold and charge the suspect with grand theft. This is true even if the value of stolen goods taken from each individual theft is relatively low.
These new changes are complex, and it is not entirely clear how they will manifest in a legal setting. Many defendants facing theft-related crimes in California will become the “test subjects” of these new bills, and this may seem like a daunting prospect.
Contact an Established Criminal Defense Law Firm in California
If you are not sure how these new laws will affect you, your next step is simple: Get in touch with an established criminal defense law firm in California. Choose Milligan, Beswick, Levine & Knox, LLP – and discuss potential strategies alongside experienced Redlands criminal defense lawyers. With our help, you can review California’s new theft laws and determine where you stand with confidence. While the Golden State is trying to crack down on theft, there is no guarantee that you will actually face these heightened penalties. Most of the same defense strategies apply, and you may be able to mitigate or even eliminate criminal consequences. Reach out to our experienced criminal defense lawyers today to get started by calling 909-894-0812.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.