How to Reduce a Shoplifting Fine

Published July 25, 2021

While shoplifting incidents are relatively common, this does not mean they are not taken seriously. Every state’s penal (criminal) code contains rules relating to shoplifting (often grouped under the umbrella of theft or larceny statutes). Moreover, the shoplifting fine can be severe—especially when the product is expensive or the perpetrator has an existing criminal record. 

This article discusses shoplifting in general, the types of acts that constitute shoplifting, how shoplifting is prosecuted, and when shoplifters can be sued under civil liability laws.

Understanding What Shoplifting Is

Usually, shoplifting is described as the act of taking items from a retailer without paying for them. However, successfully evading payment for products is not the only way of committing a shoplifting crime. In some instances, the plan to steal combined with an act to pursue that desire may result in criminal charges for stealing or retail fraud. A shoplifting-related action could involve the following:

• price tag altering 
• removing (or even attempting to remove) anti-theft devices or security tags
• concealing or hiding an item inside you while still in the store –– hiding things in your pocket or purse
• removing an item from its packaging and keeping it in or among other products

Factors That Affects A Shoplifting Case

• Age

Your age can significantly affect your case. The judge can be more merciful to you if you’re younger.

• Prior Convictions

Your criminal history will also affect the decision of the judge. If you have prior convictions, the chances are high that even a plea bargain deal won’t be offered to you.

• The Item You Stole

The item that you stole can also interfere with the judge’s decision. In this instance, the judge might be more lenient if you were caught stealing food for your baby than taking cosmetics or anything just for fun.

• The Value Of The Stolen Item

Your case may be treated differently depending on the value of the object that you stole. For instance, a $30 item has lower charges than stealing $500 worth of an item.

How Shoplifting Is Prosecuted and Penalized

In many places, shoplifting is prosecuted and penalized as a theft or larceny offense—typically as petty or misdemeanor theft, if the value of the item stolen, is less than a specified amount (for instance, $200). Other states distinguish between shoplifting and general theft for charging and sentencing purposes, and some penalize shoplifting less severely than other theft charges. 

In Massachusetts, for example, a first or second offense of shoplifting items valued under $250 involves a monetary punishment only. However, the lowest category of larceny (theft) carries a maximum sentence of one year in prison for taking the same amount. (Massachusetts General Laws ch. 266, sections 30, 30A (2020).) 

As the monetary worth of the stolen items increases, the severity of the criminal charge that will come from a shoplifting offense increases accordingly. Penalties may begin as infractions and progress to misdemeanors or felonies in some states. Each state utilizes a separate set of criteria (monetary values) to categorize offenses.

Defining Shoplifting “Sprees” and Retail Theft Rings

In many places, a person caught with shoplifting will be charged with a more serious crime (and/or face heavier penalties) if there is evidence that the conduct was part of a shoplifting “spree” or systematic sequence of thefts from retail outlets. These schemes are referred to in some states as “retail theft rings” or “organized retail theft,” mainly when they involve the illegal resale of stolen products. Generally, these are felonies.

Shoplifting Civil Liability 

Along with any criminal penalties associated with stealing, each state has a civil law that allows someone who commits shoplifting to be held civilly liable to the store owner (or the owner of the product) for monetary damages resulting from the incident. 

Additionally, in almost every state, the parents or legal guardians of minors who shoplift may be liable for monetary damages (although a few jurisdictions require that parents or guardians know or should have been aware of the minors’ tendency toward stealing). When parents or legal guardians are liable for damages, some states reduce the amount of the penalty that parents or minors must pay (compared to adult shoplifters). Certain states absolve foster parents of obligation.