Is Shoplifting Decriminalized in New York?

First-time offenders might receive community service, but penalties may be severe.

Ferdi Ferhat Özsoy   ·   August 13, 2025
Shoplifting remains fully prosecutable in New York state. | Photos: Photos: Vectorportal.com, lorozco3D/Getty | Illustration: Leor Stylar

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NO.

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. Shoplifting is not permitted or “decriminalized” anywhere in New York.

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Sources:

  • NY Penal Law §155.25 – Petit Larceny: Link

  • NY Penal Law §155.30 – Grand Larceny: Link

  • NY Penal Law §155.35 – Grand Larceny: Link

  • NY State Senate Bill 2019-S2101A (Bail Reform Law): Link

  • NY Penal Law §155.05 – Larceny Definition: Link

  • NY State Senate Bill S2101A (2019) — Bail Reform Law: Link

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I started working at New York Focus in 2022, not long after the outlet launched. Since that time, our reporters and editors have been vigorously scrutinizing every facet of the Empire State’s criminal justice institutions, investigating power players and the impact of policy on state prisons, county jails, and local police and courts — always with an eye toward what it means for people involved in the system.

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Here’s to a more just, more transparent New York.

Chris Gelardi
Justice Bureau Chief
A photo of Chris Gelardi
Ferdi Ferhat Özsoy is a strategic program leader with over a decade of experience building global partnerships, leading fact-checking initiatives, and advancing civic integrity across 80+ countries. He specializes in grantmaking, community building, and mission-driven operations at the intersection of journalism, technology, and… more
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