Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 13. OF CRIMES AGAINST PROPERTY / CHAPTER 5. Larceny
California Codes

Cal. Penal Code § 488 (2026)

Larceny

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Theft in other cases is petty theft.

Notes of Decisions
Cited in 58 cases (9 in the last 5 years), 1946–2026 · leading case: United States v. Moses Corona-Sanchez, 291 F.3d 1201 (9th Cir. 2002).
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United States v. Moses Corona-Sanchez, 291 F.3d 1201 (9th Cir. 2002). · cites it 2× “Neither, of course, would a conviction under California Penal Code §§ 488 and 666 qualify because those sections do not describe substantive criminal offenses, much less qualify as “generic” theft offenses under federal law.”
United States v. Moses Corona-Sanchez, 234 F.3d 449 (9th Cir. 2000). · cites it 3× “Corona-Sanchez challenges whether his conviction under California Penal Code §§ 488 and 666 constitutes an “aggravated felony” as that term is defined in 8 U.”
People v. Van Orden, 9 Cal. App. 5th 1277 (Cal. Ct. App. 2017). · cites it 2× “) Penal Code section 488 defines petty theft as “theft in other cases.”
People v. Superior Court, 496 P.2d 1205 (Cal. 1972). · cites it 2× “The critical factor in these or similar situations is not the greater likelihood that a person taken into custody is armed, but rather the increased likelihood of danger to the officer if in fact the person is armed.”
Nino v. Gladys R., 464 P.2d 127 (Cal. 1970). · cites it 2× “Code, § 499b) or commits petty theft (Pen. Code, § 488). In none of the foregoing instances is there "clear proof" that the minor at the time of committing the crime had knowledge of its wrongfulness.”
Rafael Hernandez-Mancilla v. Immigr. & Naturalization Serv., 246 F.3d 1002 (7th Cir. 2001). “Corona-Sanchez held that a defendant’s conviction under Cal.Pen.Code §§ 488 and 666 for “petit larceny with a prior” was a “theft offense” under § 1101(a)(43)(G).”
People v. Solis, 245 Cal. App. 4th 1099 (Cal. Ct. App. 2016). “2 reduces the possible punishment for defendants convicted of "obtaining property by theft" worth less than $951. The statute provides: "Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft" worth less than $951 "shall…”
People v. Carmony, 92 P.3d 369 (Cal. 2004). “Code, § 666); (3) two separate convictions for driving under the influence in 1988 and 1992 (Veh. Code, § 23152, subd. (a)); (4) two separate convictions for violating Penal Code section 148 in 1988 and 1991; and (5) a conviction for trespassing (Pen.”
Beckley v. Aaron N., 70 Cal. App. 3d 931 (Cal. Ct. App. 1977). · cites it 2× “(j)) and attempted petty theft (Pen. Code, §§ 488, 664). He was thereupon committed to the Youth Authority, pursuant to section 1769.”
In re Deborah C., 635 P.2d 446 (Cal. 1981). “the maximum term of adult confinement for the same offenses would be six months (the "upper term" for the base offense (Pen. Code, §§ 488, 490.5, subd. (a)) plus two months (one-third of the "middle term" for the subordinate offense; id.”
People v. Thompson, 36 Cal. App. 4th 843 (Cal. Ct. App. 1995). “Code, § 484b) and petty theft (Pen. Code, § 488). The court struck the theft count and granted defendant probation.”
People v. Keller, 76 Cal. App. 3d 827 (Cal. Ct. App. 1978). “The contested search of Keller’s premises and discovery of the contraband was based upon Keller’s waiver of his Fourth Amendment federal constitutional rights required as a condition of probation granted in a 1975 municipal court conviction for petty theft (Pen. Code, § 488).…”
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