Can I Be Arrested for Shoplifting if I Did Not Leave the Store Yet?
Shoplifting is a serious criminal offense. It may be charged as either a misdemeanor or a felony depending on the specific circumstances. Notably, in South Carolina, a person can be arrested for shoplifting even if they have not left the store. State law defines shoplifting to include actions such as concealing merchandise with the intent to avoid paying full price, altering price tags, and/or moving items within the store to facilitate theft. Here, our Columbia criminal defense attorney explains the key things to know about arrests for shoplifting in South Carolina.
An Overview of South Carolina’s Shoplifting Law
Shoplifting is a criminal offense that happens when a person steals money or property from a retail location. Under South Carolina law (South Carolina Code Section 16-13-110), it is the unlawful taking of merchandise from a retail establishment with the intent to deprive the merchant of its value.
The shoplifting penalties vary based on the value of the stolen goods. If the merchandise is valued at $2,000 or less, the crime is generally a misdemeanor punishable by up to 30 days in jail. However, a person can be charged with felony shoplifting for theft in excess of $2,000.
You Can Still Be Arrested and Charged With Shoplifting if You are in the Store
In South Carolina, it is possible to be charged with the crime of shoplifting even if you have not yet left the store in question. Under South Carolina law, the act of shoplifting does not require exiting the premises with the merchandise. The key element is the intent to deprive the merchant of the item’s full value. You can be charged with shoplifting if you do any of the following three things:
- Take possession of merchandise with the intent to steal;
- Alter, transfer, or remove price tags to pay less; and/or
- Conceal items with the intent to avoid payment.
South Carolina has strict laws regarding shoplifting. The statute explicitly allows prosecutors to make an inference of intent to shoplift if someone willfully conceals unpurchased goods, even within the store. In effect, that means that some seemingly innocuous actions like hiding merchandise in a bag or under clothing can lead to arrest, and that is true regardless of whether you have passed the checkout or exited the store. It is possible that a misunderstanding could lead to a criminal shoplifting charge. You have the right to defend yourself.
The Bottom Line: Shoplifting can be a serious criminal offense. Convictions will likely result in jail time and a permanent criminal record. Do not go it alone: You need a top attorney.
Contact Our Columbia, SC Shoplifting Defense Lawyer Today
At the Law Office of Jonathan M. Harvey, our South Carolina criminal defense lawyer has the experience to defend all types of shoplifting charges. If you were arrested without actually leaving the store, please do not hesitate to contact us today for a fully confidential case review. From our Columbia office, we defend shoplifting charges throughout the wider region.