Shoplifting Laws
Shoplifting may seem less serious than some theft crimes, but a conviction still may lead to penalties such as jail time, fines, and restitution. It also could undermine the personal and professional prospects of the defendant more generally. If you have been accused of shoplifting, you should not discuss the situation with the police directly. This could backfire in ways that you do not expect, even if you are confident that you did nothing wrong. Instead, you should entrust your defense to an attorney experienced in these cases.
What Is Shoplifting?
Shoplifting generally involves stealing from a store, although it may extend to some related activities.
Elements of Shoplifting
Also known as retail theft, shoplifting is charged under generic larceny or theft statutes in states like New York and Texas. Other states, such as Illinois and Pennsylvania, have a separate shoplifting or retail theft statute.
In general, a prosecutor can get a conviction if the defendant intentionally took merchandise from a store without paying the full purchase price. Shoplifting statutes often cover acts beyond literal removal, though. These might be seen as preliminary steps to theft. For example, Georgia Code Section 16-8-14 prohibits concealing merchandise, altering a price tag, transferring merchandise from one container to another, or changing a label from one item to another. The defendant must have intended to take the merchandise without paying for it, or deprive the owner of its possession or value. In a state with this type of law, a person can commit shoplifting without leaving the store.
Examples of Shoplifting
Pamela and Paul go to a clothing store. Pamela finds a swimsuit that she likes and takes it into the changing room. She puts on the swimsuit under her clothes and leaves the store. Meanwhile, Paul finds a shirt that he cannot afford. He removes the price tag from the shirt and attaches a label indicating that the shirt is on sale for a much lower price. Paul gets into the checkout line holding the shirt.
Offenses Related to Shoplifting
Other crimes that might be charged in situations similar to those supporting a shoplifting or retail theft charge include:
- Larceny: taking property from someone else without their consent and with the intent to deprive them of it
- Burglary: in general, illegally entering a structure with the intent to commit a crime (such as theft) inside it
- Robbery: stealing something by using force or threats, such as when someone takes merchandise from a store by threatening the staff with a weapon
As mentioned above, shoplifting is sometimes treated as a type of larceny. Burglary and robbery are often more serious offenses that carry greater penalties. A defendant might be able to “bargain down” a prosecutor from these charges in exchange for pleading guilty to a charge like larceny or retail theft.
Defenses to Shoplifting
Sometimes a defendant who was not caught on the spot can argue that they were a victim of mistaken identity. They might be able to discredit a witness by pointing to reasons why they might have made a mistake or falsely accused the defendant. Security camera footage sometimes plays a role in shoplifting cases, and blurry or partial images might not be enough to prove a case beyond a reasonable doubt. A defendant also might present an alibi, showing that they were somewhere else when the crime occurred.
In other cases, a defendant might challenge the intent element. Perhaps they accidentally failed to pay for an item due to a problem with a self-checkout system that they did not notice. Or perhaps the defendant picked up an item while intending to pay for it but then saw their child wandering out the door of the store. They might have forgotten to put back the item before rushing out the door to track down the child.
Shoplifting charges often result from a search of the defendant’s person or belongings that reveals the merchandise. The Fourth Amendment to the U.S. Constitution imposes certain requirements for law enforcement searches. If a constitutional violation occurred, the defendant can ask the court to exclude the evidence obtained as a result. This could make it much harder for a prosecutor to prove their case.
Penalties for Shoplifting
The value of the property taken may greatly affect the penalties for shoplifting. Here is a selection of potential periods of imprisonment that a defendant could face:
- Arizona: up to 6 months if merchandise is worth less than $1,000; generally 0.5-1.5 years (1 year presumptive) if merchandise is worth at least $1,000 but less than $2,000; generally 0.75-2 years (1.5 years presumptive) if merchandise is worth at least $2,000
- California: up to 6 months (but applies only to merchandise worth no more than $950)
- Georgia: up to 12 months if merchandise is worth no more than $500; 1-10 years if merchandise is worth more than $500
- Illinois: less than 1 year if merchandise is worth no more than $300; 2-5 years if merchandise is worth more than $300
- Massachusetts: no jail time (fine only) if merchandise is worth less than $250; up to 2.5 years if merchandise is worth at least $250
- Pennsylvania: up to 90 days if merchandise is worth less than $150; up to 5 years if merchandise is worth at least $150 but no more than $1,000; up to 7 years if merchandise is worth more than $1,000
- Wisconsin: up to 9 months if merchandise is worth no more than $500; up to 3.5 years if merchandise is worth more than $500 but no more than $5,000; up to 6 years if merchandise is worth more than $5,000 but no more than $10,000; up to 10 years if merchandise is worth more than $10,000
Penalties may increase in certain situations, such as when a defendant has prior convictions, acted as part of a gang or other group, or stole certain types of property. For example, a defendant may face harsher penalties in Pennsylvania if they stole a firearm. Illinois sets the threshold value for charging a felony at $150 rather than $300 if a defendant stole motor fuel.
