Shoplifting

Shoplifting is theft of merchandise for sale in a shop, store, or other retail establishment, usually by a would-be patron or customer. It is one of the most common crimes that police and the courts deal with.

Legal Status in different Countries

Canada

In Canada shoplifting is regarded as theft. If the amount equivalent to the stolen items is under $5,000 CAD, it is thus up to the prosecutor to decide if it will be prosecuted as a summary or indictable offence. In most cases it is treated as a lesser summary offence.

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United States

In most states in the United States, shoplifting is a misdemeanor crime of petty larceny when specifically committed against a retail establishment by a patron. Some states do not distinguish between shoplifting and other forms of petty larceny, although a judge may consider the context of any crime in sentencing.

Related Topics:
Misdemeanor - Crime - Larceny - Sentencing

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In some jurisdictions within the United States, certain egregious instances of shoplifting involving large dollar amounts of merchandise and/or a high degree of criminal sophistication may be prosecuted and punished as burglary or otherwise as a felony. California law, moreover, states that any instance of a person entering a store with intent to shoplift constitutes burglary regardless of the value of items actually shoplifted; this state also makes it a felony when an accused shoplifter has any prior theft conviction, whether such prior conviction was for shoplifting itself or not – see felony petty theft.

Related Topics:
Burglary - Felony - California - Felony petty theft

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Some recidivist shoplifters in the United States have been given long sentences under three-strikes laws, such as Leandro Andrade, who received a sentence of 50 years to life; such sentences have been affirmed as neither cruel nor unusual punishment by the U.S. Supreme Court. See also Fixing Broken Windows for an explanation of the theory underlying such laws.

Related Topics:
Three-strikes law - U.S. Supreme Court - Fixing Broken Windows

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England and Wales

There is no specific offence of shoplifting in England and Wales and offenders are usually charged with the offence of theft but are liable to be made subject to orders for restitution and compensation by the criminal courts.

Related Topics:
England and Wales - Theft

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Increasingly, retail companies are using the civil courts as a means of recovering compensation and obtaining exclusion orders where appropriate. In addition, companies are issuing exclusion letters to offenders and those they suspect as a means of attempting to encourage the police to charge those arrested for theft with burglary on the basis that they are trespassers. This remains a controversial issue and, generally, the police are reluctant to charge with the more serious offence.

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