Shoplifting
Similar to larceny, shoplifting involves taking or concealing store merchandise without paying for it. It can also include actions like hiding items or altering price tags with the intent to avoid paying full price.
The comments that follow all discuss Massachusetts law, as it is applied in Massachusetts courts. These comments do not apply to criminal cases in federal courts, or to cases in any state other than Massachusetts. None of these general comments are legal advice for a specific situation. Any time you are charged with a crime, or have questions as to what the law says, the best course of action is to talk to a lawyer about your particular circumstances.
What do they have to prove in order to convict you of shoplifting?
Three things: 1) you intentionally possessed, carried away, or transferred retail merchandise, or that you caused one of those things to happen; 2) somebody else owned or possessed the retail merchandise; and 3) either that you intended to deprive the merchant of their retail merchandise, or that you intended to put the property to your own use without paying for it in full. Note that there are other types of shoplifting (for example, shoplifting by altering a price tag) which have additional “elements” that the prosecutor is required to prove.
What if you never took the property outside the store?
You might be able to argue that in your defense, but it does not guarantee you will be found not guilty. For example, if you grab a small piece of merchandise and put it in your pocket, and a jury finds that you intended to leave the store without paying for it, the jury could find you guilty even if you got stopped before you left.
Can the store security officer arrest you?
Massachusetts law allows store security officers to temporarily detain a person suspected of shoplifting, but only the police can make an arrest. Note that because the store security are not police, they will probably be able to question you without having to advise you of the right to remain silent or other constitutional rights. If you answer their questions, they are free to testify in court as to what you said.
What is the difference between shoplifting and larceny?
A person can be prosecuted for shoplifting any merchandise. If the value of the property stolen was less than $250.00, then the only charge would be shoplifting. If the value is $250.00 or more, the defendant can be charged with larceny. That distinction matters because the potential penalty for larceny is more severe.
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