Felony petty theft
Encyclopedia
Felony petty theft is the colloquial term for a statute in the California Penal Code
(Section 666) that makes it possible for a person who commits the crime of petty theft to be charged with a felony
rather than a misdemeanor
if the accused had previously been convicted of a theft
-related crime at any time in the past. The technical name for the charge is petty theft with a prior.
Though this law has been on the books in California
since 1872, its existence took on new importance after the state's voters approved a three strikes law
in a 1994 referendum
, when it appeared on the ballot as Proposition 184. In certain cases, a person with two prior felony convictions has been charged with a third felony for committing a minor shoplifting
crime. If one of the two previous felony charges had involved stealing in any manner then the shoplifting conviction, thus upgraded to a felony, would result in a mandatory sentence of 25 years to life in prison under the three-strikes law.
This scenario has aroused harsh criticism, not only throughout the United States
, but also globally; several court challenges to its inclusion in the three-strikes law were pending as of 2004, but a ballot measure that would have eliminated it, known as Proposition 66, was rejected by California voters on November 2, 2004; the measure was opposed by most law-enforcement unions in the state, and also by Governor Arnold Schwarzenegger
. The main complaint with Proposition 66 was that it would retroactively resentence all offenders convicted of third strike offenses, allowing violent criminals (who had served sentences for their previous crimes) to be released.
Texas, Washington, Colorado, Connecticut, Indiana, Kansas, Nevada, North Dakota, Arkansas, Georgia, Maryland, Montana, New Jersey, New Mexico, North Carolina, Pennsylvania, South Carolina, Utah, Vermont, Wisconsin, Florida, Tennessee, Virginia, and Arizona have also enacted Three Strikes laws for habitual offenders, making petty larceny a felony if there have been prior convictions.
California Penal Code
The Penal Code of California forms the basis for the application of criminal law in the American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then....
(Section 666) that makes it possible for a person who commits the crime of petty theft to be charged with a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
rather than a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
if the accused had previously been convicted of a theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
-related crime at any time in the past. The technical name for the charge is petty theft with a prior.
Though this law has been on the books in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
since 1872, its existence took on new importance after the state's voters approved a three strikes law
Three strikes law
Three strikes laws)"are statutes enacted by state governments in the United States which require the state courts to hand down a mandatory and extended period of incarceration to persons who have been convicted of a serious criminal offense on three or more separate occasions. These statutes became...
in a 1994 referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
, when it appeared on the ballot as Proposition 184. In certain cases, a person with two prior felony convictions has been charged with a third felony for committing a minor shoplifting
Shoplifting
Shoplifting is theft of goods from a retail establishment. It is one of the most common property crimes dealt with by police and courts....
crime. If one of the two previous felony charges had involved stealing in any manner then the shoplifting conviction, thus upgraded to a felony, would result in a mandatory sentence of 25 years to life in prison under the three-strikes law.
This scenario has aroused harsh criticism, not only throughout the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, but also globally; several court challenges to its inclusion in the three-strikes law were pending as of 2004, but a ballot measure that would have eliminated it, known as Proposition 66, was rejected by California voters on November 2, 2004; the measure was opposed by most law-enforcement unions in the state, and also by Governor Arnold Schwarzenegger
Arnold Schwarzenegger
Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....
. The main complaint with Proposition 66 was that it would retroactively resentence all offenders convicted of third strike offenses, allowing violent criminals (who had served sentences for their previous crimes) to be released.
Texas, Washington, Colorado, Connecticut, Indiana, Kansas, Nevada, North Dakota, Arkansas, Georgia, Maryland, Montana, New Jersey, New Mexico, North Carolina, Pennsylvania, South Carolina, Utah, Vermont, Wisconsin, Florida, Tennessee, Virginia, and Arizona have also enacted Three Strikes laws for habitual offenders, making petty larceny a felony if there have been prior convictions.