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California Penal Code § 490.1
§ 490.1. Discretion to charge certain petty thefts as misdemeanor or infraction (a) Petty theft, where the value of the money, labor, real or personal property taken is of a value which does not ex-ceed fifty dollars ($50), may be charged as a misdemeanor or an infraction, at the discretion of the prosecutor, provided that the person charged with the offense has no other theft or theft-related conviction. (b) Any offense charged as an infraction under this section shall be subject to the provisions of subdivision (d) of Section 17 and Sections 19.6 and 19.7. A violation which is an infraction under this section is punishable by a fine not exceeding two hundred fifty dollars ($250). |
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