Can I be charged with shoplifting if I don't take the item
out
of the store?
The short answer is yes, you can be charged with
shoplifting
in Utah,
even if you don't take anything out of the store. If you are
facing criminal shoplifting or retail theft charges in Utah, you should
consult with an experienced
Utah criminal defense attorney.
Utah criminal law gives prosecutors the option of trying to prove
either that
a person took possession of merchandise, concealed
merchandise,
or carried merchandise away. But in addition to exercising
some kind of control over the merchandise, the prosecutor also has to
prove the the person did so "with the intention of depriving the
merchant permanently of the possession, use, or benefit of such
merchandise without paying the retail value of such merchandise."
That element of mental intent can make a critical difference
in determining whether an act was truly a retail theft.
For example, a person does not commit retail theft under Utah law if he
mistakenly leaves an item on the bottom of a grocery cart, forgets to
pay for the item, and accidentally takes that item out of the
store with the rest of his purchase. In this situation, the
person is not guilty of shoplifting, because he did not have the intent
to take the item without paying for it. It was an innocent
mistake.
On
the other hand, consider the example of a person who fills a shopping
cart, then abandons the cart near the front of the store, exits the
store, and moves through the parking lot toward his car. A
person
could be charged with shoplifting in this circumstance, even though no
items were taken from the store. If a jury were convinced that the
person had intended to take the items without paying, the jury could
convict the person of retail theft under Utah law.
The
critical difference between the two situations is the person's intent.
It is not possible to provide direct proof of what a person
was
thinking. So prosecutors often rely on evidence of a person's
other actions to try to prove their intent. In both of the
above
situations, it is possible to provide innocent explanations for the
person's actions. But whether a jury believes those
explanations
may depend on what other evidence is presented.
Consider the
person who left a full shopping cart near the front of the store and
exited into the parking lot. Did the person check his
pockets,
realize that he had forgotten his wallet, and go out to his car to get
money to pay for the purchase? Or did the person abandon the
cart
and run out of the store when he saw store security personnel
approaching him? One set of facts seems to indicate an
innocent
intent, whereas the other could support a guilty verdict at trial.
Of course, a jury would still have to be convinced
beyond a reasonable doubt that the person was guilty. And there are
still potential defenses even in a situation where a person left the
store when approached by security personnel. If you have been
charged with retail theft in Utah, you should consult with an
experienced
criminal defense
attorney to determine your best course of action.
Utah
shoplifting charges can be filed as
misdemeanors
or as
felonies.
The level of the offense usually depends on the value of the
merchandise involved. But
retail
theft is also an enhanceable
offense, which means that taking even just an item worth a few cents
can be charged as a felony if you have prior
theft-related
convictions.
Based in
Salt
Lake City, criminal defense lawyer Stephen Howard has a
proven track record of achieving
real
results for his
clients. If you are facing criminal prosecution in Utah,
contact us to schedule an
initial consultation.