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No, Gov. Gavin Newsom and California Dems haven’t decriminalized looting | Fact check

Chris Mueller   Paste BN
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The claim: Gov. Gavin Newsom and California Democrats decriminalized looting

A Jan. 11 Threads post (direct link, archive link) shows California Gov. Gavin Newsom discussing the emergency response to wildfires in the Los Angeles area.

“We have to keep people safe – no room, zero tolerance for looting,” Newsom says in part.

The post’s caption reads, “NOW: Newsom and California Democrats literally decriminalized looting baring (sic) police from arresting looters and prosecutors from prosecuting them. Now he’s opposed to looting. Well which is it governor?”

It was liked more than 300 times in 10 days. A similar post on X was reposted more than 6,000 times in 10 days.

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Fact check roundup: Sorting fact from fiction on the LA fires: Looting, Biden visit, cause, Hollywood sign

Our rating: False

California still considers looting a crime. Newsom debunked the claim in a social media post, and prosecutors have already charged multiple people with looting in connection with the wildfires.

Multiple people face looting charges related to Los Angeles area wildfires

Newsom hasn’t decriminalized looting in California, nor have other Democrats in the state.

California law says that anyone who commits burglary or grand theft “during and within an affected county in a ‘state of emergency’ or a ‘local emergency,’ or under an ‘evacuation order,’ resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster shall be guilty of the crime of looting.”

It also says petty theft committed under those circumstances is a misdemeanor. Newsom declared a state of emergency due to the wildfires on Jan. 7.

In a Jan. 11 X post, Newsom refuted the claim after it was shared by billionaire Elon Musk.

“Stop encouraging looting by lying and telling people it’s decriminalized,” Newsom wrote. “It’s not. It’s illegal – as it always has been. Bad actors will be arrested and prosecuted.”

Fact check: Image of three LA Fire Department leaders is missing context

Los Angeles County District Attorney Nathan Hochman announced Jan. 13 that nine people would face felony burglary charges for crimes allegedly committed during the wildfires, including at least two people charged with “looting during an emergency or evacuation.”

Hochman announced additional charges Jan. 17, including one person charged with “felony looting during an emergency or evacuation.”

Police have recovered an Emmy Award and at least $200,000 worth of other items looted from homes that had to be abandoned during the wildfire evacuations, Paste BN reported. National Guard members have been assisting police by setting up checkpoints and patrolling in evacuated areas.

In August 2024, Newsom signed legislation meant to crack down on retail crime and property theft. Among other things, the new laws create stricter penalties for people convicted of retail and property theft and increase enforcement by allowing arrests for probable cause even if police didn't witness the crime.

The state’s voters also passed Prop. 36 in November 2024, increasing penalties for some theft and drug-related crimes, The Sacramento Bee reported. It raised the penalty for theft of property worth $950 – typically a misdemeanor – to a felony for people with a history of two or more theft-related convictions.

Paste BN reached out to the social media user who shared the post for comment but did not immediately receive a response.

PolitiFact also debunked the claim.

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