As wildfires continue to ravage the Los Angeles area, California Gov. Gavin Newsom recently said there is “zero tolerance for looting” as some people may look to take advantage of the disaster.
This comes after Newsom announced on Jan. 9 that he approved Los Angeles County’s request to deploy the California National Guard in support of law enforcement efforts in the region.
However, one person on X, who shared a video of Newsom talking about his zero-tolerance policy for looting, claims the governor and other California Democrats actually decriminalized it.
“LOOTING: Newsom and California Democrats literally decriminalized looting, barring police from arresting looters and prosecutors from prosecuting them. Now he’s opposed to looting,” the person wrote in a viral post that has amassed over 30 million views.
Tech billionaire and Tesla CEO Elon Musk amplified the claim in another post that’s garnered more than 30 million views.
THE QUESTION
Did California Gov. Newsom and other Democratic lawmakers decriminalize looting in the state?
THE SOURCES
- California Penal Code 463
- Los Angeles County District Attorney Nathan Hochman
- Law Offices of Anna R. Yum, a San-Diego based law firm
- Kraut Criminal & DUI Lawyers, a California-based law firm
- California Gov. Gavin Newsom
- Charis Kubrin, Ph.D., professor of Criminology, Law and Society at the University of California Irvine
- Michael Romano, coauthor of Proposition 47 and chairperson of the California Committee on the Revision of the Penal Code
- California Voter Information Guide on Prop 36
THE ANSWER
No, Newsom and other California Democrats did not decriminalize looting in the state.
WHAT WE FOUND
Claims that Newsom and other California Democrats decriminalized looting in the state are false.
In California, looting is a “rare form of burglary or theft” that “happens specifically during states of emergency,” a San-Diego based law firm explains. As of Monday, Jan. 13, nine people are facing charges in connection with looting incidents, Los Angeles County District Attorney Nathan Hochman announced during a press conference.
California Penal Code 463 defines looting as committing burglary, grand theft or petty theft in areas under state or local emergencies, or evacuation orders, as a result of natural disasters or riots. The law has been on the books for decades and hasn’t been changed in recent years..
Looting can be charged as a misdemeanor or felony offense, and penalties for it “depend on the underlying crime,” according to California-based Kraut Criminal & DUI Lawyers.
For example, looting involving petty theft is a misdemeanor that can be punished by up to six months in jail. Looting associated with commercial burglary or grand theft can be charged as either a felony or a misdemeanor, depending on a person’s criminal record and circumstances of the case, the law firm explained.
In response to Musk amplifying the false claim about looting, Newsom wrote on X, “Stop encouraging looting by lying and telling people it’s decriminalized. It’s not. It’s illegal – as it always has been. Bad actors will be arrested and prosecuted.”
The false claim likely stems from California’s Proposition 47. That controversial state law, which was enacted in 2014 and partially rolled back in December 2024, reduced penalties for some non-violent drug and petty theft offenses.
But Prop 47 “has nothing to do with looting,” Michael Romano, coauthor of Proposition 47 and chairperson of the California Committee on the Revision of the Penal Code, told VERIFY.
As VERIFY previously reported, Prop 47 also does not allow people to steal up to $950 in merchandise without consequence, as many people have falsely claimed over the years. Instead, it created a new misdemeanor offense called “shoplifting,” which is punishable by up to six months in jail and or/a fine of up to $1,000.
Shoplifting is defined under California’s penal code as “entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed $950.”
Charis Kubrin, Ph.D, a professor of Criminology, Law and Society at the University of California, Irvine, previously told VERIFY that Proposition 47 does allow for the prosecution of shoplifting and other petty theft crimes — just as misdemeanors instead of felonies.
In November 2024, California voters passed an initiative known as Proposition 36, which made changes to some provisions within Prop 47. Prop 36, which took effect in December 2024, allows felony charges for possession of certain drugs and thefts under $950 if a person already has two prior convictions.
Newsom and some other Democratic leaders in the state voiced opposition to the measure because they felt it would roll back progress made in criminal justice reform.