Should porch pirates go to prison? California bill adds tougher penalties for repeat theft

Serial package thieves would face prison time under a proposed law currently being considered in the California Senate.

Under Senate Bill 358, introduced by Sen. Brian Jones, R-Santee, a person suspected of porch piracy, with two or more convictions of misdemeanor package theft within a three-year period, could be charged with a felony.

That’s not the case today. Stealing a package is punishable by a misdemeanor, which carries a maximum sentence of one year in county jail. Jones’ bill would increase the amount of possible incarceration.

“Because of the COVID-19 crisis, home delivery of goods has increased all across the nation. In particular, seniors and disabled Californians rely on package delivery for fundamental items such as medication and food,” Jones said in a statement announcing the bill. “Unfortunately, package theft continues to run rampant with the rise of home delivery services. This ‘porch piracy’ epidemic is serious and must be addressed by our criminal justice system.”

The bill is likely to face an uphill climb in the Senate.

The Democrat-controlled Senate Public Safety Committee killed a similar bill, also introduced by Jones, in 2020.

The 2020 bill was supported by the California State Sheriffs’ Association, which said in a statement, “Increasingly, criminals have been stealing packages delivered at the doorsteps of homes. Because these package contents are often valued under the $950 grand theft threshold or the offender may not actually enter the dwelling to complete the act, individuals engaging in this criminal activity are generally not subject to significant punishment that could deter them from engaging in this activity.”

The American Civil Liberties Union opposed the 2020 bill, pointing out that existing law already makes it a crime to steal a package off of a porch.

“Indeed, depending on the circumstances, a person could be convicted of trespassing; attempted grand theft; attempted petty theft; or attempted receipt of stolen property. If the person actually takes the package, they can be convicted of a slew of other crimes, including grand theft; petty theft; and mail theft,” the ACLU said in a statement.

The ACLU also voiced concerns that such a law could be used to discriminate.

“In particular, we fear that the bill could be used as a pretext for arresting people against whom law enforcement or property owners are explicitly or implicitly biased,” the ACLU said.

A legislative analysis of the 2020 bill cited a report from the National Research Council that found that “the incremental deterrent effect of increases in lengthy prison sentences is modest at best.”

In addition, the analysis found that enhancing penalties for the crime of package theft wouldn’t change the fact that the law is difficult to enforce.

“Thus, such an increase is unlikely to lead to more arrests or prosecutions or deter this conduct,” the analysis read.

This story was originally published February 10, 2021 at 11:58 AM with the headline "Should porch pirates go to prison? California bill adds tougher penalties for repeat theft."