Shoplifting is the theft of goods from a retail establishment. It is one of the most common types of property crime in this country. The statistics are astounding. One source offers that over 13 billion dollars worth of goods are stolen annually - a figure that works out to be an average of 35 million dollars in merchandise daily! Approximately 27 million - or 1 in 11 - people shoplift. Of these, only 3% consider themselves to be professional thiefs - the rest often say they do it on impulse. Finally, 10 million people have actually been caught shoplifting in the last five years and of these the claim is that they are only apprehended once for every 48 incidences of shoplifting!
Laws pertaining to shoplifting are developed and implemented at the state and local jurisdiction level - and penalties such as hefty fines, jail time and community service have been put in place as a (not so effective) deterrent. Of course, a number of factors are taken into consideration such as the shoplifter’s background, criminal record, dollar amount of goods taken, and the place in which the crime took place.
Most states allow for a business owner or manager to detain an individual if they can demonstrate ‘probable cause’. This means that a store representative has direct knowledge that a person has exited the establishment with items in their possession that he or she has failed to purchase. Beyond that shoplifting also encompasses the concealment or modification of an item (such as switching price tags).
Usually the theft of goods totaling less than $500 is a misdemeanor charge. Above that and a person can be charged with grand theft or larceny which bumps the charge up to a felony.
Don’t shoplift. It’s simply not worth it.
David Breston is a Houston criminal offense attorney. If you are charged with a criminal offense in Houston Texas call David Breston at 713 224 4040.
