What is the meaning of "property" in section 459.5 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Camera, B264367 (Cal. App. 2016):

Respondent urges us to consider the ballot materials to discern voter intent, suggesting that the terms "commercial establishment" and "property" are ambiguous in section 459.5. According to respondent, these terms are ambiguous because " 'commercial establishment' is undefined . . . and it has varying definitions in other contexts," and "the generic meaning of the term 'property' is at odds with . . . the phrase 'money, labor, real or personal property' which appears in section 490.2," another statute added by Proposition 47. We do not find these terms ambiguous merely because they are undefined or are given other definitions in other contexts. (See, e.g., State of California v. Continental Ins. Co. (2012) 55 Cal.4th 186, 195 [addressing the interpretation of ambiguities in a contract and holding "[a] term is not ambiguous merely because [the contract] do[es] not define it. [Citations.] Nor is it ambiguous because of . . . ' "the fact that a word or phrase isolated from its context is susceptible of more than one meaning." ' [Citation.]"].)

As respondent has not pointed to any legitimate ambiguity in the statute, " ' " 'the plain meaning of the language governs.' " ' " (See People v. Rivera (2015) 233 Cal.App.4th 1085, 1100.) The plain language of section 459.5 defines "shoplifting" to mean entry into a commercial establishment during regular

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