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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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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Country: United States of America
State: Florida

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


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
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References in periodicals archive ?
"However, it's also been suggested that we wouldn't be going to retail thefts of PS100 and under.
The House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security is scheduled to address "Organized Retail Theft Prevention: Fostering a Comprehensive Public-Private Response" at 10 a.m.
Vermont now defines retail theft as using counterfeit sales receipts or UPCs/barcodes or tools to deactivate or remove security tags.
"Organized retail theft has become an epidemic throughout the United States, affecting a wide range of retail establishments," says CGA president Peter Larkin.
Working with local, state and federal law enforcement agencies, RAN will report and track retail thefts as they are reported by participating companies so that patterns of criminal behavior can be identified and thwarted.
Under the scheme, anyone arrested for retail theft is likely to be sued for costs and damages suffered by the shop.
Monday for a report of a retail theft, authorities said.
The research was conducted by the Centre for Retail Research on behalf of Checkpoint System's Global Retail Theft Barometer.
Goods worth pounds 3.8bn disappeared from stores in the 12 months to June 2006, says the European Retail Theft Barometer.
FIVE TRADE GROUPS have joined forces to promote legislation that would make organized retail theft a federal crime.
"The costs associated with retail theft and product counterfeiting are a significant global problem," comments Robert Hanafee, Gillette's president of commercial operations.