My friend was horrified that she had accidently left a magazine from a department store under some store flyers in the bottom of the cart and left the store without paying for it. She was afraid that she could have been charged with shoplifting. Could she have? If not might not some thieves try this trick themselves?
2007-07-23 12:17:22 · 19 answers · asked by Margaret S 1 in Politics & Government ➔ Law Enforcement & Police
Crime is about intent. Yes should could be charged particularly since she discovered the problem and did not rectify it. If she had discovered it, and returned to the store to pay for the magazine it is highly unlikely the store would file charges and even less likely a court would convict.
2007-07-23 12:26:38 · answer #1 · answered by davidmi711 7 · 2⤊ 0⤋
Technically, she could be charged. Legally, it is not shoplifting without intent. Voluntarily returning to the store to pay for or return the item would disprove intent and likely not be questioned. Yes, thieves have been known to attempt similar methods of concealing items.
2007-07-23 13:42:43 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
It's a matter of intent.
Shoplifting is generally an intentional larceny crime, which means the person must have the intent to illegally take.
And for the example you give, it's easy for the person to go back to the store and pay for the magazine -- that will almost certainly prevent any prosecution for shoplifting.
2007-07-23 12:40:10 · answer #3 · answered by coragryph 7 · 1⤊ 0⤋
If there was intent, then there was a crime. If there was no intent on her part to conceal the item, then I don't see the store or a prosecutor prosecuting a case like this. Really all depends on if the store video shows her concealing the item under the flyers. Accidents happen, so intent would have to be proven. IMO.
2007-07-23 12:24:08 · answer #4 · answered by ARCop 3 · 2⤊ 0⤋
Yes Margaret it is, and its good that your friend is horrified.. that means she has a social conscience. You know what i did.. I called the manager of the store and told them I did something like that once, and asked if i may return the item back to the store .. without penalty. For my honesty he did not charge me with anything. I think people do make mistakes, and we feel bad about them, but if you take something that isnt yours without permission or without paying it IS STEALING.
You can ALWAYS REDEEM yourself by making it RIGHT with the person you victimized.. and remember shop lifting effects all of us ! We pay higher prices for items in loss control that are missing!
2007-07-23 13:48:20 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Shoplifting is passing the point of sale with an item without purchasing it. Tell your "friend" to just call the store and pay for it...or if she doesn't feel guilt, then just forget about it.
2007-07-23 20:11:00 · answer #6 · answered by Vindicaire 5 · 0⤊ 0⤋
I suppose she put the items in the cart and then found the flyer, and liked it so much she took more than one and didn't see a trash can anywhere, so she just put them in her cart where they accidentally covered the magazine completely. Would you like to buy a bridge?
2007-07-23 12:25:03 · answer #7 · answered by thylawyer 7 · 2⤊ 0⤋
It depends on the situation. If I saw you intentionally put the magazines under the ad and then avoid paying for them, I would prosecute you. If it appeared to be an accident, I probably wouldn't.
2007-07-23 18:29:11 · answer #8 · answered by Matt 3 · 0⤊ 0⤋
You can be charged with it, because they may just think you were doing it as an excuse. But if you really didn't mean to, then you shouldn't be considered a shoplifter. But I don't know how you would prove that you didn't do it.
2007-07-23 12:27:18 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Theft is a 'intent' crime. It requires both the act and the intent to deprive. So if you were stopped the defense is easy, especially if the items were just overlooked in a cart and not hidden in other places.
2007-07-24 04:45:50 · answer #10 · answered by Reston 3 · 0⤊ 0⤋