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.

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

Ask a Lawyerwhat's this?

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
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References in periodicals archive ?
By using proper customer service, retail managers will give shoplifters little chance to shoplift.
Nobody Knows, the family drama of his to which Shoplifters is closest kin, is a based-on-a-true-story portrait of a set of siblings abandoned by their mother to rear themselves in a Tokyo apartment.
A spokeswoman for the police said the member of staff was injured in the car park while chasing a suspected shoplifter who had allegedly left the store without paying for eight bottles of Jack Daniels.
Aziz Ahmad, who runs AZ Phones on Peel Street, said he has been targeted by shoplifters four times in the last two years, and welcomed the new tactic.
Additionally, the presence of police officers at your store--whether they are helping with an event or just shopping for something they need for their home--may help hinder shoplifters.
A customer in the shop shortly after the incident told the Daily Post: "I heard a member of staff tell another shoplifter had smashed a bottle over his head.
"In 2014, the number of apprehensions and recovery dollars were up again for both shoplifters and dishonest employees," Doyle says.
READER Joe Plunkett condones the actions of serial shoplifter Kim Farry, saying basically shops deserve what they get for ripping off customers.
The top 100 shoplifters who have been identified are known to be particularly active during Christmas and between them they have committed more than 1,000 offences.
A SHOPLIFTER was stopped in his tracks by a passer-by and a security guard who swooped into action and gave chase in his car.
"We have even found that some shoplifters will take orders, from a restaurant or bar in New Hampshire or from another state, for what liquor to steal," he said.
Shoplifters come in all shapes and sizes, according to Bregar.