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: Possession of Shoplifting Tools: The possession of a tool that can be used to remove a security tag from merchandise, to shield merchandise from security scanners, or even a tool as simple as a knife or scissors that is used to open packaging or remove a price tag, may in some states result in a more serious charge, even a commercial shoplifting charge. An adult who is caught shoplifting with a minor accomplice may face a more serious penalty. If arrested, an adult who is caring for minor children may find that the children are taken into custody by protective services. If a prosecutor believes that an ordinary shoplifting charge is not sufficient, states may also have other statutes under which charges may be filed. For example, Michigan has a statute that allows any person found stealing from, among other places, a shop or gas station to be charged with a felony, without regard to the amount stolen. Back to top
Detention by a Store for Shoplifting
States have passed laws that permit merchants to temporarily detain shoplifting suspects while they investigate their belief that shoplifting occurred, or while waiting for the police to arrive and formally charge or arrest the suspect. The details of the laws vary significantly, but in general these laws provide the merchant with immunity for any claim of wrongful arrest or detention as long as they do not apply any unreasonable force in order to apprehend or detain the shoplifter, and as long as the detention is reasonable in its duration. The questions of what amount of evidence is sufficient to justify detention, and what amount of force or length of detention is unreasonable, will be affected by the language of the statute and must often be evaluated on a case-by-case basis. Minors may be detained for shoplifting, although some states may provide for additional protections or parental notification when a minor is detained.