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Cal. Pen. Code § 459.5 : CALIFORNIA PENAL CODE — OF CRIMES AND PUNISHMENTS — OF CRIMES AGAINST PROPERTY — BURGLARY — Entry into commercial establishment
(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.
