What is Shoplifting?
72Shoplifting
Shoplifting
is broadly defined as removing merchandise from a store without paying for it.
Shoplifting may involve secreting merchandise from a store with the intent to
steal. Shoplifting may also consider modifying price tags, committing refund
fraud, removing commercial property like shopping carts from a store location,
or knowingly using illegal forms of payment. Individuals nay be charged with
intent to shoplift, even if the act was not completely carried out.
Detainment
According to most shoplifting laws, an employee or owner has the legal right to
attempt to detain a suspect as long as there is probable cause. Probable cause
under shoplifting law is generally defined as having knowledge of the
selection, approach, concealment, movement, or modification of merchandise, and
failure to pay for the merchandise before an attempt to leave the store. When
someone is caught shoplifting, they shall be required to return the
merchandise, prohibited from returning for a specific period of time, and they
may also be prosecuted under any applicable shoplifting laws.
Petty Theft
Generally, if the value of the merchandise is less than $300 to $500, the
attempted shoplifting is defined as a misdemeanor petty theft. A first time
offender might be charged with disorderly conduct in some cases, in order to
avoid incurring the consequences of conviction under a shoplifting law.
If the value of the stolen merchandise is more than $500, or the offender has a repeat history of shoplifting, most shoplifting laws provide for even harsher penalties. In this case, one can be charged with felony crimes such as larceny or grand theft. Most shoplifting law sentences also include penalties such as community service, punitive fines,or even mandatory jail or prison time.
The information given in this article is general, and may not apply to your or your unique circumstances. Every legal case has its own set of differing circumstances. This information should not be constituted as legal advice. Information found on this website should not be used as incentive to act without seeking legal counsel from a shoplifting defense lawyer. For clients in Louisiana, contact the lawyers at Bloom Legal.
