Title: Shoplifting - FindLaw
Headings: Shoplifting
Shoplifting
Elements of Shoplifting
Severity of Shoplifting Charges
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In-Store Detention of Shoplifters
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Content: Depending on the state, misdemeanor charges may result in jail time (less than one year), probation and/or a fine. Felonies may result in a longer jail sentence, probation and/or a larger fine. State laws vary widely in the severity of shoplifting charges. In some places, any shoplifting offense may result in a jail sentence. In-Store Detention of Shoplifters
While there is such thing as a citizen's arrest, private citizens generally may not legally hold people against their will. Doing so opens the door to civil and even criminal liability for false imprisonment. However, many states have enacted statutes specifically authorizing stores and their employees to detain suspected shoplifters in certain circumstances. These laws serve to protect the stores from lawsuits claiming false imprisonment or false arrest. Though these laws vary, store owners and their employees generally are allowed to detain an individual when they have probable cause to suspect shoplifting. However, any such detention of a suspected shoplifter must be reasonable in length and manner.