According to the organization for Shoplifting Prevention, more than 13 billion dollars worth of goods are shoplifted from retailers in the U.S. each year. Contrary to popular opinion, 75% of people who shoplift are adults. Items lifted range in size and value from a pack of gum to clothing and electronics. While most people think of shoplifting as a harmless prank, it is actually a crime in the U.S. that can have serious and far reaching consequences.

What is shoplifting?

Shoplifting refers to the taking of merchandise from a store or place of business. Shoplifting is one of many types of theft, which means taking property belonging to someone else without their permission, and intending to deprive them of such property.

Taking and leaving the store with unpaid merchandise is not the only method of committing a shoplifting crime. Shoplifting methods can include the:

• Taking an item without paying for it
• The intent to deprive the merchandise owner of possession of an item
• Changing or altering an item’s price
• Moving a merchandise item from one container to another
• Wrongfully causing the payment amount to be less than the item's retail value

How shoplifters operate

Shoplifters are either professionals or amateurs. Both types can be skilled in the art of thievery, however, professional shoplifters make a living stealing and might use intimidation or force. The amateur shoplifter may be easier to spot and apprehend.

Many professional shoplifters work in groups of two or more so one can distract sales staff while the other steals. Shoplifters learn how to take advantage of stores during peak hours, or they may strike at times when employees are likely to be engaged in store opening and closing duties or during a work shift change.

Concealing merchandise is the most common method of shoplifting. Items are concealed in the shoplifter’s clothing in umbrellas, handbags, strollers, or inside purchased merchandise bags. Bolder shoplifters might take an item of merchandise and run from of the store. Another method includes switching the price label in an attempt to short-change a check out clerk. Some shoplifters even try to return stolen merchandise to a store for a refund. It is challenging to determine who is or is not likely to be a shoplifter.

How is Shoplifting Charged?

Shoplifting is considered to be an act of theft. Theft is the intent of a person or a group of persons to deprive someone of property. Theft involves taking property belonging to someone else to keep it. 

Shoplifting and theft of any type are serious crimes. Although states may punish shoplifting under their general robbery or theft laws, many states have enacted laws to address shoplifting.

Theft is usually punishable as a misdemeanor if the stolen property has a value of say $300 or less. If the property has a higher value, the person accused might be charged with a felony crime. The point at which shoplifting is considered a misdemeanor or felony is generally lower than other theft crimes.

For each subsequent shoplifting charge after the first charge, the required punishment by law becomes more severe. If someone has several shoplifting convictions on their record, they could shoplift something with a value as low as fifty cents, and be charged with a felony shoplifting charge. They could also be charged with felony shoplifting if they committed several acts of shoplifting within a specified amount of time.

In most states, a person charged with committing a shoplifting offense could be charged with a more severe crime if evidence exists that the person was part of a shoplifting “ring” or series of organized thefts from retail stores. Generally, these types of crimes are felonies.

Penalties for Shoplifting in Arizona

Arizona state law distinguishes theft offenses in six offense categories, that run from a class one misdemeanor to a class two felony.

Class 1 Misdemeanor

The theft of property or services that are valued less than $1,000 is a first-class misdemeanor, the lowest-level theft offense under Arizona law. The penalty for 1st class misdemeanor theft is as much as six months in jail and fines up to $2,500. However, if a person is convicted a second time for misdemeanor theft in two years, the penalty increases to a class 6 felony.

Class 6 Felony

Theft of items valued greater than $1,000 but less than $2,000 is a sixth-class felony in Arizona. A sixth-class felony penalty is a one-year jail term for the first time incident and a max sentence of five years nine months for subsequent incidences. A fine of not more than $150,000 can also be imposed.

Class 5 Felony

Theft of items valued between $2,000 and $3,000 is a fifth-class felony. The penalty for the first incident is one and one half years jail time and a max sentence up to seven and one half years for subsequent incidences. A fine of not more than $150,000 can also be imposed.

Class 4 Felony

Theft of items valued between $3,000 and $4,000 is a fourth-class felony. The penalty for the first incident in Arizona is two and a half years of jail time for the first felony and a max sentence of 15 years for subsequent incidences. A fine of not more than $150,000 can also be imposed.

Class 3 Felony

Theft of items valued not greater than $4,000 but below $25,000 is a third-class felony in Arizona. The penalty for the first incident is three and one half years of jail time and a maximum sentence of 25 years for subsequent incidences. A fine of not more than $150,000 can also be imposed.

Class 2 Felony

Theft of items valued greater than $25,000 is a class two felony in Arizona. The penalty for a second-class felony is a five-year jail term for the first offense and a maxi sentence of 35 years for subsequent offenses. A fine of not more than $150,000 can also be imposed

Civil Liability in Shoplifting cases

Every U.S. state has a civil law that permits any person who shoplifts to be held civilly liable to a retail store owner or the rightful owner of the merchandise for money damages arising from the shoplifting.  In most states, the civil case can go forward regardless of whether criminal charges are filed in connection with the shoplifting.

Shoplifters in Arizona are liable to the property owner for civil damages inclusive of:

• Damages actual incurred
• Penalty equal to the merchandise’s retail value, plus
• An additional $250 or more penalty.

If someone considered a minor commits a shoplifting crime, the parent(s) or legal guardian(s) may be required to compensate the owner of the store or property owner for damages, penalties equal to the merchandise’s retail value, plus up to $100. 

A criminal record for shoplifting could prevent you from getting a job, renting an apartment, or being accepted into college. Don’t plead guilty to a shoplifting charge or agree to settle a civil lawsuit before consulting a lawyer to discuss your case and advise you on the results of a conviction.