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Shoplifting is the crime of taking merchandise or goods from a store or other establishment without intending to pay for it. Shoplifting also can include acts such altering a price tag, acting as a lookout or distraction to allow another person to steal something, and using or consuming goods while still in the store. For example: eating grapes in the produce section of a grocery store without first paying for them.

Shoplifting is a crime of theft or larceny and can be classified as a misdemeanor or a felony depending on the total value of the goods stolen. How the crime is classified influences the severity of the penalties that can be imposed on someone convicted of the crime.

The legal elements that constitute shoplifting differ by state, but in general to commit the crime a person must:

• Take, use, conceal, consume, or alter merchandise with the intent not to pay for it or not pay the full price indicated, or
• Facilitate the theft by acting as a lookout or causing a distraction

In most states, a store owner or employee is permitted to stop, or detain, a person if he or she has probable cause to believe the person has stolen goods from the store. The owner or employee can conduct a reasonable investigation into whether the person has stolen something.

Probable cause is the reasonable belief that a crime has occurred or was about to occur. So if someone witnessed a person altering a price tag or stuffing an item unpaid for in a pocket or bag, that would likely qualify as having probable cause.

There are some recommended steps a merchant can take to determine whether there is probable cause and avoid being accused of false arrest, false imprisonment, violating the customer s civil rights, or other charge:

• See the customer in proximity to the merchandise
• Watch the customer select or handle the merchandise
• Observe the customer conceal or carry away the merchandise
• Maintain constant and uninterrupted observation of the customer
• See the customer fail to pay for the merchandise
• Detain the customer in or near the store, depending on relevant state law

The laws often don t expressly state requirements for conducting a reasonable investigation other than to imply that the investigation can be adequate to establish that the customer has the goods in his or her possession.

Because of the subjectivity of establishing probable cause and the possibility that a customer may simply have forgotten to pay for an item, many merchants will not attempt to detain a customer until he or she has left the store without paying for the item.

Among the remedial actions a merchant can take are banning the shoplifter from the store, accepting payment for the items taken, and calling the police in to arrest the shoplifter.

If convicted of shoplifting, a person could be fined and/or sentenced to time in jail. The court can be influenced by value of the goods stolen, the age of the shoplifter, and whether the incident is the first arrest when accepting a plea bargain and imposing punishment.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney or find qualified local Shoplifting Lawyers on LawInfo. Or, click to find Shoplifting Lawyers in a specific location .