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Comment by _fbpt | Hacker News Reader

Why is this comment being downvoted?

Perhaps a direct quote from prop 47 would clarify how it makes theft not a crime.

Theft of goods valued under $950 was reclassified from a felony to a misdemeanor, regardless of what the item in question is (a case in 2017 was a car!).

So, still a crime, on par with jaywalking and littering (which, in Cali, is a minimim $100 fine + 8 hours community service).

And yet, we're talking about things that could be Christmas gifts, baby food, medicine, people's means of transportation, you name it.

Is jaywalking really a misdemeanor? That would be incredibly harsh.

Not in California, same for littering (the reference to Cali was only for the fine + hours of community service). However, it is in Nevada:

https://www.shouselaw.com/nevada/misdemeanor-law.html

and various other jurisdictions.

Interesting, apparently because misdemeanor is the lowest possible category. Most places classify it as an “infraction” which is a step below a misdemeanor.

I bet that has caused some unfortunate fuss with people “convicted of a misdemeanor” for a simple speeding ticket trying to explain it in a state where a misdemeanor is something more serious.

on par with jaywalking and littering

This is false. Jaywalking and littering (and most traffic offenses) are infractions, not misdemeanors. Misdemeanors are still serious crimes that can result in jailtime.

In California, sure. That is not true everywhere. There's occasional stories of arrests over jaywalking in Atlanta and Detroit, and Nevada does list it as a misdemeanor, on par with:

* solicitation of prostitution * DUI with no injuries * trespass * battery domestic violence (with no injuries)

https://www.shouselaw.com/nevada/misdemeanor-law.html

Same goes for littering in assorted jurisdictions. I'll concede that lumping those two as examples in a discussion involving Cali as context was misleading. The fine + 8 hours community service is for the infraction of littering in california. That is not to say that they are not misdemeanors elsewhere.

I was curious about that comment so I Googled it. Here is the top hit which has fairly good depth:

https://sanfrancisco.cbslocal.com/2016/05/14/shoplifting-cal...

The summary seems to be that Prop 47 treats shoplifting under $950 of value as a misdemeanor. As a result, law enforcement is unlikely to pursue and punish, so thieves get away scot-free.

Additionally, organized crime has exploited this and can easily recruit people for their shoplifting rings. The article reports that retailers have seen a rise in shoplifting since the law took effect.

So presumably, package theft of anything below the value of $950 from a door step (not a federal USPS mailbox) would only be a misdemeanor in California.

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