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 classic literature ?
Ginger and Pickles were the people who kept the shop. Ginger was a yellow tom-cat, and Pickles was a terrier.
In short, to bring the matter at once to a point, it was incontrovertibly evident that somebody had taken the shop and fixtures of the long-retired and forgotten Mr.
The trade signs (and they were almost as many as the shops) were, all, grim illustrations of Want.
They unlocked their shops and locked them up again, and themselves carried goods away with the help their assistants.
The questions and answers which had passed in her presence that evening at the stationer's shop led plainly to the conclusion that one day more would bring Noel Vanstone's present term of residence in Vauxhall Walk to an end.
She was carrying an enormous parcel that might have been a bird-cage wrapped in brown paper, and she took it into a bric-a-brac shop and came out without it.
I went to the place where my shop was, opened it, and received from my fellow-merchants congratulations on my return.
Freely rose in anxious astonishment, and hastened into the shop, followed by the four Palfreys, who made a group at the parlour-door, transfixed with wonder at seeing a large man in a smock-frock, with a pitchfork in his hand, rush up to Mr.
With that I spoke aloud to the master of the shop, and said,
He had managed before this to get out of having tea with Dunsford, and, punctually at half past four (he had looked at his watch a dozen times), he went into the shop.
{Mont de Piete = traditional term for a municipal pawn shop operated to help the poor}
There's your tea; take it away to that box, and drink it there, and make haste, for they'll want you to mind the shop. D'ye hear?'