Felony petty theft
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Felony petty theft is denotes a situation where a misdemeanor petty theft offense is elevated to the status of a felony despite not meeting statutory requirements regarding the minimum value for felony grand theft.
In California, felony petty theft is codified in the California Penal Code. Also known as petty theft with a prior, these statutes enumerate situations where a misdemeanor petty theft may be elevated to a felony offense due to past conduct.
Section 666.1, enacted through Proposition 36, provides that an individual with two or more prior convictions for a theft-related offense, including petty theft, may be charged with a felony for a third or subsequent theft-related offense. Under the statute, the offense of petty theft with a prior may still be charged as a misdemeanor, leaving the decision whether to prosecute as a felony or a misdemeanor within the discretion of the prosecuting agency.
For example, an individual with two prior convictions for misdemeanor shoplifting from thirty years prior may be charged with felony petty theft for a third offense, and sentenced to state prison, even if the amount does not exceed the threshold for a felony and all items are recovered and resold by the retailer.
Prior to Section 666.1's enactment through Proposition 36, Section 666 of the California Penal Code codified felony petty theft for those with enumerated prior offenses, including sex offenses and prior strike offenses. Thus, if an individual had a qualifying prior "serious" offense and a prior qualifying theft that resulted in a term of incarceration, they may be charged with a felony for any subsequent petty theft offense. However, the offense may still be charged as a misdemeanor subject to the discretion of the prosecuting agency.