An Overview of Shoplifting Statutes
Section 155 of New York’s Penal Law codifies New York State’s laws on larceny. According to subsections 155.25-155.32, the degrees of larceny chargeable for theft of property fall under various categories, often based on the type of property stolen. In this way, theft of certain types of property can be charged at certain degrees, with penalties more severe for certain types of larceny.
Shoplifting under New York state law falls under theft charges in the same way as theft of other types of property. For instance, shoplifting valued at less than $1,000 falls under the charge of Petit Larceny and is a Class A misdemeanor. Shoplifting valued at more than $1 , 000 is Grand Larceny in the Fourth Degree and is a Class E felony.
A number of statutes may apply to shoplifting. Shoplifting is often charged under theft statutes that fall within the above parameters. However, shoplifting can also fall under statutes that refer specifically to means of theft relating to shoplifting—this includes the general subsection calling for charges of Theft of Services (Penal Code 165.05). Additionally, theft by shoplifting can also be charged under Penal Code 155.30 sub. 4 (Theft of an Automated Teller Machine), 155.05 sub. 2 (Theft by Extortion), and 155.05 sub. 6 (Theft by Trick).
Penalties Imposed for Committing Shoplifting
As stated in our overview of New York State shoplifting laws in general, shoplifting can be charged as either a misdemeanor or a felony, depending on the value of the goods alleged to be stolen. If the charged value is less than $1,000, the suspected shoplifter may only be charged with a misdemeanor. However, the penalties for misdemeanors can still be severe. Misdemeanor shoplifting is a class B misdemeanor and can result in up to three months in jail and/or a fine of up to $500.
If the theft suspect is charged with felony shoplifting, then the penalties can be even harsher, depending on exactly how the felony is charged. Felony larceny is charged as either a class D, class C, class B or class A felony. Each of these classes of felony, which correlate to the dollar value of the alleged stolen goods, carries increasingly harsh penalties. A class A felony – the most serious kind – can carry a 25-year prison sentence and a fine of $5,000, while a class D felony is punishable by a maximum of seven years in prison and a minimum of two.
In addition to jail time and fines, people convicted of shoplifting may face other serious consequences. First, shoplifting is a theft crime, and theft crimes are considered "moral turpitude offenses." These kinds of offenses can remain on a person’s criminal record and may damage their reputation. This can lead to long-term consequences, such as difficulty obtaining employment, housing, lending or any other type of government application.
In contrast, if the defendant is a minor – under age 18 – and has never been convicted of a crime before, they may be eligible to handle their violation through New York’s Youthful Offender procedure, which is overseen by the Youth Part of the Local Criminal Court. Youthful Offender dispositions for shoplifting crimes may allow youth offenders to avoid criminal penalties, thereby saving them from a criminal record that might follow them for the rest of their lives.
Similarly to the Youthful Offender procedure, in some cases, youth who have never been convicted of a crime may be eligible for the adjournment in contemplation of dismissal (ACD) process in the criminal court. An ACD results in the shoplifting charges being dropped after a period of time, provided that they defendant abides by certain terms and conditions set by the court, such as avoiding further criminal charges, completing community service, making restitution and perhaps participating in a substance abuse program.
Consequences Relating to Shoplifting Beyond Criminal Punishment
When considering the ramifications of a shoplifting charge or conviction in New York, you must not only consider the possible criminal penalties. There can also be other legal consequences that may arise from a charge or conviction for shoplifting.
In addition to your criminal record being affected, there is the potential for a civil liability. The validity of such a claim first depends on the recoverable amount. After all, there cannot be a lawsuit against you if the retailer has already been made whole.
The maximum amount that a retailer can sue for is $1500 plus interest. That $1500 is broken down as follows: The actual value of the goods stolen (not their marked up retail value) and the cost of the retailer’s attorney and investigators (if any of those costs were incurred). So an example would be if you stole a $500 bicycle, but after that was determined to be the actual value of the bike, the store would be able to sue you for that $500 plus $100 each ($200 total) for their attorneys and have you pay interest in that sum.
When you are sued by a store there is no personal appearance required at court. You do have to respond to the complaint, but it is recommended to do so by retaining an attorney. Quite often your lawyer will be able to negotiate a fair settlement with the store whereby you avoid having to go to trial. If you did not actually steal the merchandise and it was taken into custody by mistake, there are defenses to the lawsuit that can also be fully explored.
Certain large stores have special programs which allow their loss prevention agents to act as a power of attorney to sign an affidavit and initiate a claim against you directly as a result of a shoplifting / petit larceny conviction. If you can prove the affidavit was signed as a result of coercion, duress or actual fraud on part of the employee, these large stores can be forced to revoke the letter.
Shoplifting Defenses
When you have been charged with shoplifting, you might feel like there is no way a judge could rule in your favor. After all, you have been accused of stealing. However, there are common defenses that can be used against these charges, such as a lack of intent. Sometimes items are put inside a bag in the store, but ultimately not stolen. You may have accidentally left something in your cart and forgot about it by the time you reached the check out. You may have had no idea that a child had put something into your bag or cart, and you suddenly realize when it is discovered. Even if all of this is true, the store can’t know for a fact that you did not do these things on purpose- that is where the shoplifting charges come in. In some cases, you may be wrongfully accused of shoplifting. A lying ex-spouse may have accused you, or you may simply have been in the wrong place at the wrong time. Whatever the case, you deserve your fair chance at justice. You may also have a defense against this type of charge because of some legal technicality. For example, a police officer may not have informed you of your rights according to New York law. In this case, you may be cleared of charges because of the way in which it has been handled. In addition to these possible defenses, you may have many other different legal resources to utilize. If you have been charged with shoplifting, contact an experienced New York shoplifting defense attorney.
Conscientious Representation
Many who are accused of shoplifting relate an all too familiar story about the event that lead to their arrest. "I wasn’t gonna take anything! I was just holding something when someone started recording me on a store video camera." Or, "I had permission to not be charged. Everyone in the store knows me and had seen me there a million times before." All too often the person is clearly given the opportunity to pay for the merchandise but their ego/trust issues with the store are so strong that they refuse, at their own peril.
Having a lawyer at your side early on can help stop the spiral. Lawyers can often reach out to the store and cooperate with those within to find a remedy before anything has to happen. Stores usually want to be reimbursed for what they lost and store bonds are often hired as a third party to handle this . A large percentage of shoplifting arrests are minor first offenses and may be dissolved through pre-trial agreements with the court. Sometimes the court requires some community service or restitution to the store. Having a lawyer in place at an early point ensures that the appropriate plea charges are offered that will not harm the actual job of the offender (usually in retail!). If a plea bargain isn’t enough, then the case will have to be fought on its own. This also includes a trial, once you’ve committed to hiring a criminal defense lawyer. Those who hire a lawyer early on have a better chance of settling charges up front while they still have the option of alternative plea options versus when matters are in motion, not to mention selling the goodwill of their district attorneys upon entry into a plea bargain. A record of yes (of someone who helps without fighting) is much better than a record of no which invites a harsher stance on future cases.
Preventative Measures and the Responsibility of the Retailer
Preventive Measures, and Retailer Responsibility
The best preventive measure is a vigilant store staff. Well-trained cashiers have been known to catch a would-be shoplifter daily. Responding promptly to suspicious activity is essential. And it’s not just your clerks who should be on alert. The sales floor staff are a thief’s biggest fear. Customers don’t want to set off alarms or have their photos posted. They’ve come to steal, not to interact., Loss prevention teams typically have one or two members stationed at the front door at the beginning and end of the business day. Their duties are to welcome customers, guardedly monitor the parking lot, and promote the "customer first" policy.
Specific security measures vary from district to district, based on the level of crime. When it mounts, some stores maintain a second team of four to six loss prevention employees who patrol the aisles of the location. Occasionally, even a district manager may stop in to supervise these efforts.
A crime prevention officer may personally appear in a store where recent thefts have occurred. They’ll approach potentially suspicious individuals and converse with them. More often than not, those customers will turn out to be innocent. But if not, then at least that suspect will know they’re being watched.
Loss prevention personnel will take down the license plate, make, and model of the vehicle driven by a suspected shoplifter, and enter this information into the database. Store management will contact the police and alert them that an officer is present. When the police arrive, they will ask for the license plate number, look it up, identify the car’s owners, and confirm whether the owner is a possible suspect or not.
Recent Law Changes and Updates
New York’s Penal Law Section 160.05 (shoplifting) was amended in 2020 and we must inform you of this change . . . Before 2020, a person could be charged with shoplifting even if they actually paid for the merchandise. For example, if someone bought a $200.00 leather jacket but left a $5.00 key chain in their shopping bag, and an overly zealous store clerk suspected that the item had actually been shoplifted, that person would be charged with a theft. However, as of this amendment of New York Penal Law Section 160 . 05, a person will not be found guilty of a theft-related offense unless, without the permission of the owner, they, with intent to deprive the owner of part of its property, took possession, carried away, used, transferred, concealed, harmed, or destroyed the property. This is an important change for many reasons. From both sides of a shoplifting claim, the parties will have different experiences moving forward. For an accused shoplifter, simply paying for the items intended to be purchased protects them from a shoplifting charge. For a store clerk, there is now an even higher standard to meet regarding the circumstances under which an arrest is conducted.