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: 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. When a store detains a shoplifter, sometimes a cooperative and apologetic attitude will allow a suspect to convince the merchant not to involve the police, but to let the suspect go with a warning or with only civil consequences, such as a civil demand or trespass warning. The more combative, belligerent and argumentative the suspect, the more likely it becomes that the police will be called. A suspect who applies physical force to a store employee may potentially be charged with an additional offense, such as battery, or may find that their actions result in a misdemeanor shoplifting charge becoming a felony robbery charge. Back to top
What is the Punishment for Shoplifting
The penalties for shoplifting come in two forms: criminal and civil.