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 ?
Figure 1 suggests that youths with strong parental attachments are less likely to shoplift for two reasons: First, they tend to more strongly embrace the moral norms against shoplifting; and second, they tend to interact less with peers who shoplift.
Our final analyses examine whether peer influence also operates through explicit dares to shoplift (as suggested by Verrill and others).
Our findings suggest that two types of social relationships influence adolescents' involvement in shoplifting: exposure to friends who shoplift, and attachment to parents.
Adolescents apparently are seldom dared to shoplift, and when they are, it does not appear to have an incremental impact on their behavior.
We chose this focus because shoplifting accounts for nearly half of all shrinkage (Baumer and Rosenbaum 1984); adolescents shoplift more frequently than any other age group (Klemke 1982); and social influences are a major factor in adolescent misbehavior (e.g., Johnson 1979).
By using proper customer service, retail managers will give shoplifters little chance to shoplift. This deterrent also costs less than any other mentioned.