Thursday, Aug. 21, 2025
Is Shoplifting Decriminalized in New York?
Shoplifting remains a criminal offense under New York state law, prosecuted as larceny.
Theft of property valued at $1,000 or less is classified as
petit larceny, a Class A misdemeanor, carrying penalties of up to one
year in jail and a fine of $1,000. If the stolen property exceeds $1,000
in value, the crime is charged as grand larceny, a felony that carries
multi-year prison sentences and fines ranging from $5,000 to $30,000,
depending on the value and circumstances.
The 2019 bail reform law eliminated cash bail for most
misdemeanors and non-violent felonies, meaning most accused shoplifters
receive desk appearance tickets instead of pretrial detention.
The crime remains fully prosecutable and convictions can
lead to substantial penalties. Judges have discretion; first-time
offenders might receive community service, but penalties may be severe,
particularly in cases of organized retail theft, which now face stronger
enforcement and harsher sentences.
This fact brief is responsive to conversations such as this one.
Sources
- NY Penal Law §155.25 – Petit Larceny
- NY Penal Law §155.30 – Grand Larceny
- NY Penal Law §155.35 – Grand Larceny
- NY State Senate Bill 2019-S2101A (Bail Reform Law)
- NY Penal Law §155.05 – Larceny Definition
- NY State Senate Bill S2101A (2019) — Bail Reform Law
About fact briefs
Fact briefs are bite-sized, well-sourced explanations that offer clear "yes" or "no" answers to questions, confusions, and unsupported claims circulating online. They rely on publicly available data and documents, often from the original source. Fact briefs are written and published by Gigafact contributor publications.
See all fact briefsLatest Fact Briefs
Has Mayor Eric Adams Built More Affordable Housing Than Bloomberg and de Blasio Combined?
Thursday, Aug. 21, 2025
Does New York Spend More Per Public School Student Than Any Other State?
Wednesday, Aug. 6, 2025
Are More Working-Class Residents Leaving New York City Than Wealthy Residents?
Monday, Aug. 4, 2025