Section 459.5 Of Chapter 2. Burglary From California Penal Code >> Title 13. >> Part 1. >> Chapter 2.
459.5
. (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.