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

Cal. Penal Code § 490.2 (2026)

Larceny

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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(a)Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.

(b)This section shall not be applicable to any theft that may be charged as an infraction pursuant to any other provision of law.

(c)This section shall not apply to theft of a firearm.

Notes of Decisions
Cited in 76 cases (5 in the last 5 years), 2015–2022 · leading case: People v. Bullard, 460 P.3d 262 (Cal. 2020).
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People v. Bullard, 460 P.3d 262 (Cal. 2020). · cites it 5× “” (Pen. Code, § 490.2, subd. (a).) A separate provision added by Proposition 47 established a procedure for redesignating a past felony offense as a misdemeanor if the offender has already completed his or her sentence and if he or she “would have been guilty of a misdemeanor…”
People v. Lara, 438 P.3d 251 (Cal. 2019). · cites it 2× “We therefore agree with the parties that the applicable ameliorative provisions of Proposition 47 (here, Penal Code section 490.2 ) apply directly in trial and sentencing proceedings held after the measure's effective date, regardless of whether the alleged offense occurred…”
People v. D.N. (In re D.N.), 19 Cal. App. 5th 898 (Cal. Ct. App. 2018). · cites it 2× “) Penal Code section 490.2 mandated proof of value in excess of $950 for theft of property to constitute a felony.”
People v. Page, 406 P.3d 319 (Cal. 2017). “" 1 The cited provisions include *789 Penal Code section 490.2, subdivision (a), added by Proposition 47, which provides in pertinent part: "Notwithstanding [Penal Code] Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the…”
People v. Romanowski, 391 P.3d 633 (Cal. 2017). “(Penal Code, § 490.2, subd. (a).) 1 And while Proposition 47 does not specify a particular valuation test for this $950 threshold, the Penal Code section that defines theft says that "the reasonable and fair market value shall be the test" for determining the value of stolen…”
People v. DeHoyos, 412 P.3d 368 (Cal. 2018). “5, subd. (a) ); forgery of instruments worth $950 or less ( Pen.”
People v. Morales, 33 Cal. App. 5th 800 (Cal. Ct. App. 2019). · cites it 2× “) The statute at issue here, Penal Code section 490.2, provides that "obtaining any property by theft where the value of the .”
People v. Gutierrez, 20 Cal. App. 5th 847 (Cal. Ct. App. 2018). “Although Supreme Court review was ultimately granted in each of these cases, and in one instance the court of appeal granted a rehearing after the time of Gutierrez's trial, as of February 2016, three published decisions had held Proposition 47 did not apply to section 10851 and…”
People v. Sauceda, 3 Cal. App. 5th 635 (Cal. Ct. App. 2016). · cites it 3× “” (Pen. Code, § 490.2, subd. (a).) Under this reading, if the value of the vehicle involved in the Vehicle Code section 10851 conviction is less than $950, Penal Code section 490.”
People v. Ortiz, 243 Cal. App. 4th 854 (Cal. Ct. App. 2016). “" (Pen.Code, § 490.2, subd. (a).) Nothing in the plain language of the statute-which covers " any property by theft"-excludes the theft of a vehicle.”
People v. Weaver, 36 Cal. App. 5th 1103 (Cal. Ct. App. 2019). “[¶] We therefore agree with the parties that the applicable ameliorative provisions of Proposition 47 (here, Pen. Code,§ 490.2 ) apply directly in trial and sentencing proceedings held after the measure's effective date, regardless of whether the alleged offense occurred before…”
Nicolas Morales v. Stuart Sherman, 949 F.3d 474 (9th Cir. 2020). “Cal. Penal Code § 490.2 (a); see People v.”
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