of lipstick in her purse,that she was just throwing it in her cart,not sure if I believe her,but my question is,don't you have to exit the store before anything can be done?I think that she does need to be punished if in fact she was stealing,but this store is saying she has to pay $200.00,which I think is harsh,but she never left the store.I was just wondering what the law is about this,Thanks..
2007-02-22 13:31:39 · 9 answers · asked by redhead 4 in Politics & Government ➔ Law & Ethics
Bart is right about this. You don't need to leave the store the be charged for shoplifting. As long as the store can show intent, it is considered shoplifting. By placing an item into a personal item (such as a purse) shows concealment of the item and intent to deprive the rightful owner of the property.
But the age of the individual does come into question of the act. Who was with the 10 year old? Was that person arrested also? Sometimes people shoplift by having their children do it. They will hand items to the child and the child will conceal it. This happens because if they are stopped by store security they just blame the child and hopefully will be let go due to the "innocents" of the child. I don't know if this is relevant in your case, but this might be a reason for the 10 year old being charged with shoplifting. Stores will charge the adult and minor in these instances.
But it also sounds like they weren't criminally charged if the store mentioned a $200.00 fine. This would be a civil demand fine where the store fines people for stealing and is separate from any criminal court actions. And with her being a minor, her legal guardians are responsible for fine, not the child.
If your niece was charged criminally, not much will happen to her due to her age. She will probably have to go to a Juvenile Court hearing and a decision will be made. A majority of the time, for first offenses, the person it put under a probation and as long as they don't do anything illegal for a certain amount of time (about 6 months to a year) the charges are taken off of their record.
If you think she might have done it intentionally I would scare the crap out of her so she never tries to do it again.
2007-02-24 03:08:11 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Not sure what state you're in, but shoplifting is properly named "Petit Larceny" (a misdemeanor) if the item is under $1,000. The person doesn't necessarily have to leave the store, just the intent of not paying for a good or service is usually enough. As for the $200 fine, I agree that's a bit harsh. What usually happens in the case of a minor if the police aren't involved is that the parent has to come pick up the child, pay for the item, and the child isn't allowed in the store again or unattended. If the police are involved, it can be all of the above and a juvenile deliquent card (again depending on the state).
2007-02-22 13:46:47 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Putting merchandise in your pocket or purse or otherwise concealing it is "prima facie" evidence that you intend to steal it. Contrary to popular belief, you do not have to exit the store (although it is some store's policy to wait until you do it).
If you think I am wrong then read this: http://www.lrc.ky.gov/krs/433-00/234.pdf
However, it's not up to the store to set the fine. Most likely for a 10 year old, they aren't going to do much. It's not the end of the world, but I wouldn't make it a habit.
2007-02-22 13:39:47 · answer #3 · answered by bartmcqueary 3 · 1⤊ 0⤋
I thought the definition of stealing was the intention to deprive some one of their property...so if she had not left the shop then that might be a moot point..................was you with her, did she have an adult with her...............also impressed that a 10 year old actually has a purse to be able to 'drop' things into, would have thought she was a bit young to be carrying a purse in the first place, let alone open enough to 'drop' something in by accident.
Was the police called etc etc............
2007-02-22 13:38:57 · answer #4 · answered by candy g 7 · 0⤊ 0⤋
Isnt that awesome , the kid is only ten and going through the system already. If she didnt leave the store then its NOT shoplifting.Until the object actually is out of the store. Give the kid an allowance or something so they dont steal. Dont punish her just let her know how to start making money at an early age.
2007-02-22 13:41:01 · answer #5 · answered by WHEREISJUSTICE 2 · 0⤊ 2⤋
Listen closely ok... get an attorney.
A friend of my moms had a can of tomatoes fall literally on top of her purse that was big but open... but it was right on top. She was arrested and felt that it was so obvious, the judge would surely understand. NO and she was convicted.
I also thought it was only if you exited the store but evidentally if applies if it is being concealed.
2007-02-22 15:41:50 · answer #6 · answered by BeachBum 7 · 0⤊ 1⤋
You have to leave the premises to be considered shoplifting. Also, the store cannot impose a fine. The courts impose the fines. They are bribing your niece. They are saying pay 200 and I do not call the police.
2007-02-22 13:42:40 · answer #7 · answered by Anonymous · 1⤊ 2⤋
Theft is committed when the item ins question is already taken out from the place for which the store or the owner no longer had controls for its possesion. Thus, when the item is still inside the store, there is still no theft.
2007-02-22 13:38:34 · answer #8 · answered by FRAGINAL, JTM 7 · 0⤊ 2⤋
Yes, you have to exit the store first.
You can always go back and pay for it, a woman one day was shoplifting and the police ganged up on her to stop her. Then the woman went shouting " I haven't exit the store yet, I was going to pay for it"
2007-02-22 13:40:41 · answer #9 · answered by Someone 3 · 0⤊ 3⤋