What is the classification of petty theft under Penal Code 666?

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The classification of petty theft under Penal Code 666 specifically pertains to instances where an individual has prior theft-related convictions. This section of the law addresses the situation in which a person may not be charged for a petty theft offense based solely on the nature of the theft itself, but rather based on their prior criminal history.

When someone has previously been convicted of theft and is subsequently charged with a new theft offense, Penal Code 666 allows for that new offense to be classified as a felony, elevating the seriousness of the crime based solely on the history of prior convictions. Therefore, it accurately identifies the circumstances under which petty theft can have increased penalties due to past offenses.

The other options do not accurately capture this key aspect of the law. A felony without prior convictions does not apply because the classification hinges on the presence of these previous convictions. The idea of a misdemeanor regardless of past convictions does not align with Penal Code 666, as prior offenses can lead to felony charges. Lastly, the restriction of applicability to thefts under $200 does not correctly represent the nature of the statute, as it’s about the offender’s history rather than the dollar amount of the theft.

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