Do you still get in trouble with the law if you're caught concealing something but before you exit the store you decide to take it out and put it back?
2007-12-04 05:47:42 · 22 answers · asked by g r 1 in Politics & Government ➔ Law Enforcement & Police
Most states include in their laws that the taking of a product outside of the store proper is shoplifting.
However, most states also include in their shoplifting laws that concealing an item while still inside the store shows intent to commit the crime.
As such whether you make it beyond the doors or not is immaterial.
The thing to remember is shoplifting costs are not borne by the retailer but the consumer. In other words...when you steal...it costs the rest of us in higher product costs.
2007-12-04 06:17:09 · answer #1 · answered by KC V ™ 7 · 1⤊ 0⤋
The elements of shoplifting are defined by state law, so they will vary.
In Wisconsin, leaving the last point of payment used to be an element, but the have rewritten the law recently.
Now, as soon as the merchandise is concealed, it meets the elements and you can be charged. There are other actions that constitute shoplifting also. Changing a price tag to a lower price, or removing a security device or theft detection tag would meet the elements and would result in an arrest. So would possession of a theft detection tool, or magnetic shielding device.
Most retail stores, by policy, require the person to pass the last point of payment, but that is policy only, not law.
Here is the text of Wisconsin's shoplifting law, you can probably find your state law online by doing a search.
http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=WI:Default&d=stats&jd=943.50
2007-12-04 06:01:41 · answer #2 · answered by trooper3316 7 · 2⤊ 0⤋
You are in trouble with the law if you get arrested, no matter the offense. If you are caught (I assume by store associate) concealing something, the store has the option of whether or not to press charges against you. Then you are in trouble with the law for sure!
2007-12-04 05:51:19 · answer #3 · answered by Anonymous · 1⤊ 0⤋
The first answer is absolutely incorrect. It is called willful concealment. They will usually let you get out of the store with it, but there are willful concealment laws in every state.
Those of you who think that there is nothing illegal about concealing should really not give opinions as if they were facts. It ABSOLUTELY IS a prosecutable offense to willfully conceal merchandise. As many said, most stores have STORE POLICIES to wait until outside or past last pay opportunity, but according to the LAW, it is willful concealment if you put merchandise out of sight, such as in a pocket or inside your clothing.
g r...when you are arrested and charged, perhaps you can bring the cops to this question and get those who say it is not a crime charged as accessories. It gets very old when people post opinions as facts when there are truly legal ramifications.
2007-12-04 05:50:37 · answer #4 · answered by Anonymous · 4⤊ 1⤋
Yes. But most stores have policies stating a theif must leave first before they take action because it eliminates that defense. But it is still against the law to attempt to steal something or to take some action to conceal merchandise with the intent to steal.
2007-12-04 05:51:11 · answer #5 · answered by JR 4 · 2⤊ 0⤋
No, almost every major chain of stores have undercover security and regular security who watch people for suspicious behaviors. But a security officer will not arrest you until you have actually left the store, and nowadays, most stores have audible alarms that will beep or make alot of noise if you try to leave without paying for something. If your conscience has you putting back the item you or someone else took without paying, good for you. The store security will be watching you if you do try to conceal something, but they will also notice if you put the item back on the shelf, and just leave.
realme1960
2007-12-04 05:54:15 · answer #6 · answered by 520doglover 4 · 0⤊ 1⤋
It's called willful concealment. Laws vary by state. Here's one state's language:
A person is guilty of willful concealment if, without authority, he willfully conceals the goods or merchandise of any store while still upon the premises of such store. Goods or merchandise found concealed upon the person shall be prima facie evidence of willful concealment.
Willful concealment is a misdemeanor.
2007-12-04 05:57:04 · answer #7 · answered by Anonymous · 2⤊ 0⤋
concealment is 9/10ths of the law. However each store should have a policy regarding that issue.
2007-12-04 05:52:18 · answer #8 · answered by Anonymous · 1⤊ 0⤋
This is state sensitive. In NJ, no, you have to pass all payment locations and hit the door before you can be stopped legally. In PA and NY, this is not so, illegal posestion of merchendise is what they call it then. This also difference in certain local authorities. Best bet, dont conceal.
2007-12-04 07:19:51 · answer #9 · answered by cheechalini 4 · 0⤊ 0⤋
Once you are caught you can't decide to take it out and put it back. yes you can still get in trouble because if you hadn't been caught you would not have decided to put it back.
2007-12-04 05:51:01 · answer #10 · answered by Jerry M 6 · 1⤊ 0⤋