Gov. Gavin Newsom did not ‘literally decriminalize looting.’ It remains illegal in California

As firefighters continue to battle wildfires that have razed neighborhoods in greater Los Angeles for the past week, officials have arrested at least 20 people suspected of looting, according to the Los Angeles Times.

Some social media users said these people won’t be punished. 

"NOW: Newsom and California Democrats literally decriminalized looting barring police from arresting looters and prosecutors from prosecuting them. Now he’s opposed to looting," a Jan. 11 Threads post’s caption read.

(Screenshot from Threads)

The post included a clip of California Gov. Gavin Newsom saying, "We have to keep people safe. No looting. Zero tolerance for looting." He talked about law enforcement’s efforts, which include checkpoints. (A Jan. 9 news release said California National Guard members would be "stationed at traffic control points to ensure the safety of the surrounding community.")

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Neither Newsom nor California Democrats decriminalized looting. It remains illegal in California during a state of emergency, which Newsom declared Jan. 7 in Los Angeles and Ventura counties, or under an evacuation order. 

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The state’s Penal Code 463, under the "Burglary" chapter, says that every person 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, punishable by imprisonment in a county jail for (up to three years.)"

People who commit petty theft under the same circumstances — during a state of emergency, a local emergency or under an evacuation order because of a natural or manmade disaster — can be charged with a misdemeanor, which could lead to imprisonment in a county jail for six months.

Billionaire Elon Musk amplified the claim in a post on X, a platform he owns, and Newsom replied, "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."

In August, Newsom signed a bipartisan package of 10 bills on retail crime and property theft. None of those decriminalized looting.

President-elect Donald Trump had claimed falsely that because of Proposition 47, California does not charge people with a crime if the stolen goods are worth less than $950. According to that law, which California voters approved in 2014, people who steal items worth less than $950 would be charged with a misdemeanor. The law’s text does not mention looting.

In November 2024, California voters approved Proposition 36, which rolled back some of Proposition 47’s provisions, allowing offenders with two previous theft convictions to be charged with a felony, "regardless of the value of the stolen property." Newsom opposed the proposition; supporters of the legislation said it was needed because of increased property crime during the pandemic.

The Palisades, Eaton, Hurst, Auto and Scout fires had not been fully contained as of Jan. 14. The California Department of Forestry & Fire Protection reported 23 deaths as of the same date.

We rate the claim that Newsom and California Democrats "literally decriminalized looting" False.