Penal Code §488
California Penal Code 488: petty theft explained
PC 488 identifies theft not classified as grand theft as petty theft. Learn how the grand-theft exceptions and separate penalty section affect the charge.
What PC 488 means
Section 488 calls theft in other cases petty theft. It must be read with section 484, which describes theft conduct, and section 487, which identifies when theft is grand theft.
A price tag alone is not the entire analysis. Section 487 identifies particular property and circumstances that can constitute grand theft even where a general value threshold would suggest otherwise.
How the charge is classified
The general value threshold in section 487(a) is more than $950. Section 487 also covers theft from a person and theft of an automobile or firearm, among other categories. These distinctions matter before calling an allegation petty theft.
Section 490 supplies the ordinary petty-theft punishment: a fine of up to $1,000, county jail for up to six months, or both. Other statutes and prior-conviction rules can affect a specific case.
What to examine in the evidence
Review identification of the property, evidence of ownership and value, how possession changed, and whether multiple acts are alleged. Where the allegation depends on an exception, identify the precise subdivision cited rather than relying on a generic theft label.
Common questions
Is every theft under $950 petty theft?
No. Section 487 lists exceptions, including property taken from a person and an automobile or firearm. The specific property and alleged conduct matter.
Where is the usual petty-theft penalty stated?
Penal Code section 490, not section 488, states the ordinary fine and county-jail limits.
Sources
- California Penal Code section 484 leginfo.legislature.ca.gov Source checked on 2026-10-31
- California Penal Code section 487 leginfo.legislature.ca.gov Source checked on 2026-10-31
- California Penal Code section 488 leginfo.legislature.ca.gov Source checked on 2026-10-31
- California Penal Code section 490 leginfo.legislature.ca.gov Source checked on 2026-10-31