Full question:
My son was arrested for shoplifting at a department store. He is a minor. I received a letter from that department store stating that accordance with the state law, California Penal Code Statute 490.5 that I have to pay $475.00. In reading what this law states, I'm not understanding why I have to pay, the merchandise was not damaged and was recovered. The retail value of the merchandise was $196.00. Would you please explain why I was sent this letter.
- Category: Civil Actions
- Date:
- State: California
Answer:
Under California Penal Code § 490.5, when a minor commits petty theft, the parent or legal guardian can be held financially responsible for damages. This law allows merchants to recover damages from the parent or guardian of an unemancipated minor for the theft. Even if the merchandise was recovered and undamaged, you may still owe a civil penalty.
The law states that the parent or guardian is jointly liable for damages of at least fifty dollars ($50) and up to five hundred dollars ($500), plus costs. Since the letter you received states a charge of $475.00, it likely reflects this civil penalty, which is separate from any criminal penalties your son may face.
In summary, you were sent this letter because, as the parent or guardian of a minor who committed theft, you are responsible for the associated civil damages under California law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.