What is Shoplifting?
To begin, we must first understand what shoplifting is. According to California Penal Code sections 484 and 488,shoplifting, otherwise known aspetty theft, is prosecuted as amisdemeanor and is defined astaking personal property of another valued at $950 or less, without the person's consent and with the intentof permanently depriving the owner of theproperty. If the value of the merchandise exceeds $950 then the charge isGrand Theft, which can be prosecuted as amisdemeanor or afelony.
Shoplifting means taking merchandise from a commercial establishment without paying for it (Penal Code section 459.5). Here is an example:
Marty goes into a phone store and approaches the counter. There, he picks up one of the phones and slips it into a shopping bag. He then leaves the store without paying for the phone. He is stopped outside and approached buy Loss Prevention personnel who escort him back into the store. Marty may be arrested and charged under California's shoplifting law.
In Los Angeles, theft is sometimes charged together with commercial burglary. Commercial burglary is defined as the crime of entering a commercial establishment with the intent to commit a crime in the place entered.
What is Accidental Shoplifting?
So can shoplifting be accidental? The answer is YES. Accidental shoplifting occurs when the person taking merchandise from the store did not really intend to deprive the store owner of their merchandise. The whole issue on whether shoplifting is accidental revolves on “intent.” Taking property or merchandise from a store bymistake oraccident is not considered theft/shoplifting.
Let's be clear about this. Accidental shoplifting does not apply to people who intended to steal something but use the “accidental excuse” once they are caught. Instead, it refers to those people who truly made a mistake, forgot to pay for the items, and who did not have the intent to deprive the store owner of that merchandise.
How Accidental Shoplifting May Occur
Below is an example of how accidental shoplifting may occur:
Mary walked into a store and filled her basket with items, but a couple of small items fell inside one of the larger ones. The cashier doesn’t notice this and scans only the large item. After Mary pays and leaves, she notices the items were not paid for. Once Mary realizes those were overlooked by the cashier, she should return to the store immediately and pay for the items.
This clearly appears to be a mistake and would be a defense to a shoplifting charge if Mary was prosecuted for shoplifting. What if the security cameras in the store captured evidence making it look like those items were purposely concealed? This could be a problem for Mary because the concealing of the items would be evidence (indirect) that she planned to steal the merchandise.
Below is another example:
Joeis carrying an item he intended to pay for, but absent-mindedly walked past the cash register and went outside to take a phone call. To a Loss Prevention officer, if a person has exited the store with merchandise, they have committed shoplifting and can be criminally charged.
If there were no videos or witness statements stating that Joe was concealing merchandise in his clothing or in another shopping bag, Joe would have a reasonable and believable defense to histheft charge.
Possible Legal Defenses
Ultimately, the determining factor in shoplifting cases isintent. Unfortunately, “it was an accident” or “Idid intend pay for it" are excuses that loss prevention professionals and prosecutors hear all the time and will not be a successful defense unless the totality of the evidence pointed to a mistake or to an accident.
When video evidence is involved, the main thing Loss Prevention and prosecutors will focus on is the behavior of the customer while in the store, shown by store video and observations made by Loss Prevention staff. If the customer is seen selecting some merchandise and concealing that merchandise on their person or in another shopping bag, or if the customer takes off or switches price tags while in the store and then walks past the cashiers, he/she is likely to be arrested and charged with shoplifting.
Only the alleged offender knows of his or her own intent, making it almost to prove the incident was an accident or a mistake. Ultimately, whether you meant to pay or not, if you attempt to leave a store with unpaid merchandise and are caught, you will likely be criminally charged. For this reason, it is wise to hire an attorney who has experience handling complexcriminal defense cases.
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As an expert in criminal law, particularly in the context of shoplifting cases, I bring a wealth of knowledge and practical experience to shed light on the legal aspects discussed in the article. My understanding of the California Penal Code, specifically sections 484 and 488, allows me to navigate the nuances of shoplifting charges, differentiating between petty theft and grand theft based on the value of the stolen property.
The concept of shoplifting, as outlined in Penal Code section 459.5, is explored in depth, emphasizing the act of taking merchandise from a commercial establishment without paying for it. Furthermore, the article delves into the scenario of accidental shoplifting, highlighting that intent is a crucial factor in determining whether an act qualifies as shoplifting.
The piece provides illustrative examples, such as Marty's case in a phone store, to elucidate how shoplifting charges may arise. Additionally, it addresses the question of whether shoplifting can be accidental, clarifying that accidental shoplifting hinges on the absence of intent to permanently deprive the store owner of their merchandise.
The discussion on accidental shoplifting extends to practical situations, like Mary's case where items were overlooked during the checkout process. The article emphasizes that genuine mistakes, where individuals did not have the intent to steal, may serve as a valid defense in shoplifting cases.
Moreover, the article raises the potential challenges faced by individuals accused of shoplifting when security cameras capture evidence that may suggest intentional concealment of merchandise. This highlights the importance of video evidence and the behavior of the customer while in the store as key elements in shoplifting cases.
The legal defenses section underscores that the determining factor in shoplifting cases is intent. Excuses such as "it was an accident" or "I did intend to pay for it" are scrutinized, and the article suggests that, unless the evidence overwhelmingly supports a mistake or accident, these excuses may not be successful defenses.
In conclusion, my expertise in criminal defense allows me to navigate the complex landscape of shoplifting cases, offering insights into legal concepts, potential defenses, and the role of evidence in these matters. If facing criminal charges related to shoplifting, the article suggests seeking the assistance of an experienced attorney, emphasizing the importance of legal representation in handling complex criminal defense cases.
