Title: Shoplifting Laws and Punishments | ExpertLaw
Headings: Shoplifting Laws and Punishments
Shoplifting Laws and Punishments
Contents
What is Shoplifting
When Can Shoplifting Result in More Serious Charges
Detention by a Store for Shoplifting
What is the Punishment for Shoplifting
Criminal Penalties
Civil Penalties
Civil Demand Laws
Trespass Bans
Retail Theft Databases
Defenses to Shoplifting Charges
What Should You Do if Charged With Shoplifting

Content: The consequences for a juvenile offender are similar, except that a juvenile court disposition will normally have fewer long-term consequences than an adult conviction. The extent to which the pubic may access a juvenile record varies by state, and in some states it is necessary to bring a motion to seal or expunge a juvenile record in order to limit or prevent public access. Civil Penalties
Civil Demand Laws
States have passed civil demand laws that permit merchants to issue a fine to shoplifting suspects. The amount that can be demanded from the suspect may be based upon the amount that the suspect stole or attempted to steal, and whether the merchandise was still able to sell any merchandise that was recovered from the shoplifter. Civil demand laws take into consideration that the costs to stores of shoplifting go far beyond the item stolen in any given case, so they permit demands that are significantly higher than the value of the merchandise that the suspect attempted to steal. If a shoplifter does not voluntarily pay the amount demanded, the merchant may file a lawsuit against the shoplifter, in which case many states also permit the merchant to recover attorney fees. The merchant may also report the amount demanded to credit reporting agencies, such that the amount shows up on their credit reports as an unpaid debt. When the theft is committed by a minor, states typically provide that the minor's parents are also liable for the amount of the civil demand, with the parents also being potentially sued or having an unpaid demand negatively affect their credit. Trespass Bans
Retailers also have the right to ban shoplifters from their premises, an action known as a trespass ban. A person suspected of shoplifting may be banned from a store, or from an entire chain of stores, for a specified period of time, or even indefinitely.