- There are approximately 27 million shoplifters (or 1 in 11 people) in our nation today. More than 10 million people have been caught shoplifting in the last five years.
- Shoplifting affects more than the offender. It overburdens the police and the courts, adds to a store’s security expenses, costs consumers more for goods, costs communities lost dollars in sales taxes and hurts children and families.
- Shoplifters steal from all types of stores including department stores, specialty shops, supermarkets, drug stores, discounters, music stores, convenience stores and thrift shops.
- There is no profile of a typical shoplifter. Men and women shoplift about equally as often.
- Approximately 25 percent of shoplifters are kids, 75 percent are adults. 55 percent of adult shoplifters say they started shoplifting in their teens.
- Many shoplifters buy and steal merchandise in the same visit. Shoplifters commonly steal from $2 to $200 per incident depending upon the type of store and item(s) chosen.
- Shoplifting is often not a premeditated crime. 73 percent of adult and 72 percent of juvenile shoplifters don’t plan to steal in advance.
- 89 percent of kids say they know other kids who shoplift. 66 percent say they hang out with those kids.
- Shoplifters say they are caught an average of only once in every 48 times they steal. They are turned over to the police 50 percent of the time.
- Approximately 3 percent of shoplifters are “professionals” who steal solely for resale or profit as a business. These include drug addicts who steal to feed their habit, hardened professionals who steal as a life-style and international shoplifting gangs who steal for profit as a business. “Professional” shoplifters are responsible for 10 percent of the total dollar losses.
- The vast majority of shoplifters are “non-professionals” who steal, not out of criminal intent, financial need or greed but as a response to social and personal pressures in their life.
- The excitement generated from “getting away with it” produces a chemical reaction resulting in what shoplifters describe as an incredible “rush” or “high” feeling. Many shoplifters will tell you that this high is their “true reward,” rather than the merchandise itself.
- Drug addicts, who have become addicted to shoplifting, describe shoplifting as equally addicting as drugs.
- 57 percent of adults and 33 percent of juveniles say it is hard for them to stop shoplifting even after getting caught.
- Most non-professional shoplifters don’t commit other types of crimes. They’ll never steal an ashtray from your house and will return to you a $20 bill you may have dropped. Their criminal activity is restricted to shoplifting and therefore, any rehabilitation program should be “offense-specific” for this crime.
- Habitual shoplifters steal an average of 1.6 times per week.
"Shoplifting" generally refers to the theft of merchandise from a store or place of business. Shoplifting is a type of larceny, which simply means taking the property of someone else without their permission, and with the intent to permanently deprive the owner of the property taken.
Though states may punish shoplifting under their general larceny or theft statutes, many states have enacted statutes to specifically address shoplifting. States may refer to the crime by different names, including "retail theft" and "concealment of merchandise."
These state laws vary widely, but generally, shoplifting offenses includes two elements:
1. willfully concealing or taking possession of items being offered for sale; and
2. the intent to deprive the items' rightful owner (typically the store) of possession of the items, without paying the purchase price.
Crucially, this means that in most states, one can break shoplifting laws without attempting to get out of a store with stolen goods. Simply concealing merchandise, inside or outside the store, will often be enough. One must have the intent to take the item from the store, however, many states consider the act of concealing merchandise to be evidence of intent.
In addition to hiding an item to avoid paying for it, shoplifting laws also make it illegal to take actions to avoid paying the full purchase price for an item. This can include altering price tags, manipulating merchandise, and putting goods into different containers or packaging to avoid paying all or part of the purchase price.
Severity of Shoplifting Charges
Like charges for other types of theft, the severity of shoplifting charges generally depends on the value of the goods involved. If firearms, explosives or incendiary devices are shoplifted, the severity of charges increases in many states.
States laws often include a range of charges, and can allow prosecutors discretion in deciding which charges to pursue in a given case. In many states, the range of shoplifting charges runs from a low level "infraction," to misdemeanor, up to differing degrees of felony charges. In some states, any shoplifting offense will be charged as at least a misdemeanor.
Often, the prosecutor will be able to choose between multiple levels of charges. Prior criminal convictions, specifically prior theft convictions, regularly play a large part in the prosecutor's decision of which charge to pursue. In some states, prior theft convictions automatically result in a more severe charge.
Typically, infractions result in a fine. Depending on the state, misdemeanor charges may result in jail time (less than one year), probation and/or a fine. Felonies may result in a longer jail sentence, probation and/or a larger fine.
State laws vary widely in the severity of shoplifting charges. In some places, any shoplifting offense may result in a jail sentence.
In-Store Detention of Shoplifters
Because shoplifting poses a large threat to retailers, the issue of how far they can go in attempts to stop shoplifters has a long history.
Private citizens generally may not legally hold people against their will. Doing so opens the door to civil and even criminal liability for false imprisonment. However, many states have enacted statutes specifically authorizing stores and their employees to detain suspected shoplifters in certain circumstances. These laws serve to protect the stores from lawsuits claiming false imprisonment or false arrest.
Though these laws vary, store owners and their employees generally are allowed to detain an individual when they have probable cause to suspect shoplifting. However, any such detention of a suspected shoplifter must be reasonable in length and manner. Detentions without probable cause, for an unreasonable amount of time, or in an unreasonable manner may leave the store open to liability for false imprisonment and possibly other claims.
What constitutes probable cause to suspect shoplifting comes down to case by case specifics. Mere suspicion typically will not suffice. Most states require that the store or its employees have evidence which would lead a reasonable person to believe that shoplifting had occurred or was in progress. If the store bases its detention of a suspected shoplifter on information from a non-employee informer, that informer must have a reasonable basis for suspecting shoplifting.
The appropriate length of detention also comes down to case by case specifics. However, detention continued for the purpose of securing a confession from the suspect, or for the purpose of getting the suspect to sign a waiver of store liability, would be considered unreasonable under many states' laws. Such detentions could leave a store open to liability for false imprisonment.
In terms of the manner of detention, the use of excessive force may be deemed unreasonable. An unreasonable manner of detention could leave the store and its employees open to liability for false imprisonment and possibly other claims, such as assault or battery.
Shoplifting is a type of theft involving the taking or concealment of items being offered for sale. Depending on state law and factors including the value of items shoplifted, it may be charged as an infraction, a misdemeanor or a felony, and may result in incarceration, probation and/or a fine.
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