Shoplifting, Larceny, Robbery, Theft shoplifting statute for this? CA

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mdma

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a buddy got caught stealing a bottle of rum (<20) by undercover LP. he got stopped outside the store, and gave back the bottle. he took him out to the front and told him to go upstairs into their office or he would call the police. my friend walked outside and took off and run away from the LP before police came.



what kind of theft is this and whats the limitations for him?
 
mdma said:
a buddy got caught stealing a bottle of rum (<20) by undercover LP. he got stopped outside the store, and gave back the bottle. he took him out to the front and told him to go upstairs into their office or he would call the police. my friend walked outside and took off and run away from the LP before police came.



what kind of theft is this and whats the limitations for him?
It could be charged as petty theft shoplifting - a misdemeanor per PC 490.5/488. It might also be charged as an infraction per PC 490.1, but that's unlikely.

In the extreme it could be charged as a felony for commercial burglary per PC 459 ... if they could show that he intended to take the alcohol before he entered the store.

Since it would most likely be charged as a misdemeanor, they have one year to bring charges.
 
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