Shoplifting

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Shoplifting

Theft of merchandise from a store or business establishment.

Although the crime of shoplifting may be prosecuted under general Larceny statutes, most jurisdictions have established a specific category for shoplifting. Statutes vary widely, but generally the elements of shoplifting are (1) willfully taking possession of or concealing unpurchased goods that are offered for sale (2) with the intention of converting the merchandise to the taker's personal use without paying the purchase price. Possession or concealment of goods typically encompasses actions both on and outside the premises.

Concealment is generally understood in terms of common usage. Therefore, covering an object to keep it from sight constitutes concealment, as would other methods of hiding an object from a shop owner. A shopper's actions and demeanor in the store, her lack of money to pay for merchandise, and the placement of an object out of a retailer's direct view are all examples of Circumstantial Evidence that may establish intent.

Shoplifting costs businesses billions of dollars every year. To enable store owners to recoup some of their losses, most states have enacted civil recovery or civil demand statutes. These laws enable retailers to seek restitution from shoplifters. Criminal prosecution is not a prerequisite to a civil demand request. Typically, a representative of or attorney for a victimized business demands a statutorily set compensation in a letter to the offender. If an offender does not respond favorably to the civil demand letter, the retailer may bring an action in Small Claims Court or another appropriate forum.

To forestall any allegations of coercion, many companies initiate civil recovery proceedings only after the shoplifter has been released from the store's custody. It is a criminal offense to threaten prosecution if a civil demand is not paid. Moreover, if a store accuses a customer of shoplifting and the individual is acquitted or if a store makes an erroneous detention, the store may face claims of False Imprisonment, Extortion, Defamation, or intentional or negligent infliction of emotional distress.

Further readings

Sennewald, Charles A., and John H. Christman. 1992. Shoplifting. Boston: Butterworth-Heinemann.

Ask a Lawyer

Question

Country: United States of America
State: Florida

caught shoplifting at sears 12/05/05, first time, 20yearsold, have no criminal record.

Answer

Make sure you get counsel (or at least the public defender) to try to keep this off your record eventually--jail time is probably not likely if your record is very clear now. But having that arrest and/or a conviction on your record will make job-hunting etc. more difficult. Often this could be negotiated down to some kind of court supervision etc
References in periodicals archive ?
He was arrested attempting to leave the shop and has now pleaded guilty to both shop thefts at North Tyneside Magistrates' Court.
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Shop theft costs TJ Morris an estimated 6m [pounds sterling] a year and the discounter, which has 190 stores, hopes its Crime Busters initiative will help to catch suspected criminals and discourage others from shoplifting.
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The latest initiative follows a familiar model - other action teams are already in place to try to cut car crime and shop theft.
Sgt Steve Smith, head of the Shop Theft Squad at Digbeth police station, said: "We cannot be certain that the shoplifter was working with the other three youths.
The post Nicosia tyre shop theft arrests appeared first on Cyprus Mail .
The youngsters, aged 13 and 14, have previously pleaded guilty to kidnap as well as two charges of shop theft.
The girls, from Tyneside, are both charged with kidnap with intent to commit a relevant sexual offence, and shop theft.
Thefts from Shops, a 10-minute Bill introduced by Tory MP Anne McIntosh, is seeking to amend the guidance used by the police to deal with shop theft.
People think shop theft is carried out by giggly school children and silly adults and that is not the case.