Shoplifting in Arizona

Whether or not you’ve done it on purpose, shoplifting has some serious consequences. In Arizona, shoplifting can be considered a misdemeanor or a felony, depending on the cost of the stolen item.

You may not think it’s a big deal, but swiping anything as insignificant as a candy bar could get you in serious trouble. What’s worse is, if you have a previous criminal history, your consequences may be magnified.

Those who end up getting charged face a lifetime of having to inform potential employees of their past mistakes, could get banned from shopping at certain stores, or could even end up in jail. Shoplifting could also serve as a gateway to committing other crimes, so why start at all?

What’s Considered Shoplifting?

According to ARS 13-1805, shoplifting is legally defined as “stealing items from a shop or store while posing as a customer.” There are certain details that characterize shoplifting and burglary. For example, for a crime to be considered shoplifting, a store must be open while the offense is committed. For it to be considered burglary on the other hand, the store must be closed.

Shoplifting is considered to be:

• Taking items without paying for them
• Switching labels on items to make them less expensive
• Having another person pay for your items without their consent
• Purposefully hiding items in your cart to avoid having to pay for them
• Sneaking stolen items into someone else’s bag, jacket, or cart
• Using credit card information that is not yours
• Falsifying checks or any other form of payment

As you can see, shoplifting is more than just physically stealing from a store. Granted, accidental shoplifting can happen. But if you accidentally walk out of a store with an item you didn’t pay for, you have the option to go back and pay for it. If you choose to keep going without going back to pay for the item however, the store can still press charges. Not only that, but they can also ban you from entering their premises in the future.

What Are The Consequences Of Shoplifting?

As mentioned earlier, shoplifting can vary from being a misdemeanor to a felony. This can result in a small fine, to even jail time. If the value of the items that were stolen is less than $1,000 it is considered a Class 1 Misdemeanor. Although the consequences aren’t as severe, they can still include jail time. If the offender has a firearm or weapon on them, the consequences would also be much worse.

A Class 6 Felony is theft that is valued between $1000 and $2000. A felony carries a potential jail sentencing of 6 to 18 months and a hefty fine. A theft is considered a Class 5 felony when the value of items stolen are $2,000 or more.

To be considered a Class 4 felony, the culprit has to already have two prior theft or burglary offenses within the last few years. If you are charged with a Class 4 Felony for shoplifting, you may face up to 3 years in prison and a fine of up to $150,000.
As if getting arrested isn’t bad enough, you can also face a potential lawsuit from the owner of the business you attempted to steal from. The amount depends on the value of the item you shoplifted plus a $250 fee.

On top of all of those severe consequences, anyone with shoplifting on their record can face serious problems in other aspects of their lives. For example, it could affect your chances of getting a job or even get you fired from your current one.

The good news is, if you are a first-time offender, you may be able to get out of serving jail time. Many times, a jurisdiction will allow the offender to attend an anti-theft class in place of jail. They may also be required to perform community service and be on a temporary probation.

What Happens When The Shoplifter Is A Minor?

The law gets a bit tricky once it involves minors. Although in many cases children don’t get charged or sent to jail for offences like shoplifting, there are still consequences to face. Typically, the parents of the child who committed the act will get sued by the business their child stole from. The child who did the crime will also be required to take rehabilitation courses.

What Can Employees Do When They Spot A Shoplifter?

If an employee is on the job and happens to spot someone shoplifting, they are encouraged to stop it. Once they’ve confronted the potential thief, they can hold them and wait until police arrive.

Legally, the merchant has the option to not involve police, but instead give the offender a chance to take a diversion class instead. If the class is successfully completed, the charges would be dropped. Not all cities in Arizona offer this, but most of the major ones like Phoenix and Tucson do.

If the defendant chooses the class, they would be taught by a third-party company, meaning police wouldn’t have to get involved at all. Unfortunately, the program is not offered to previous offenders. The class costs around $300, and the offenders have the option to make payments instead of paying it all at once.

Common Misconceptions About Shoplifting

Many people believe that if they are able to leave the store after stealing an item without getting caught, they are completely free. However, if the store’s surveillance camera catches you on tape, the business owner can still go after you. The only issue with this is that sometimes surveillance footage isn’t admissible in court due to the fact that it can be easily tampered with. Say for example, they changed the date on the tape or edited it to their own benefit somehow.

If a business does decide to press charges after you’ve left the store, they only have a certain amount of time to do so. For a misdemeanor, they have up to one year to press chargers. For a felony theft however, they have up to seven years.

Another common misconception is that employees or Loss Prevention Officers can’t chase you down once you’ve stepped out of the store. While employees and managers are told not to chase down a thief for their own safety, a Loss Prevention Officer can still do this. However, many don’t because they risk putting themselves in a potentially dangerous situation.

In Conclusion

While shoplifting is not one of the most serious crimes you could commit, it’s still a crime worthy of punishment. Just because you think you have a chance at getting away with it, doesn’t mean you should risk it.

If you get caught, the consequences could be severe. You could end up serving jail time and having to pay major fines. Not to mention misdemeanor and felony convictions will stay on your record until you turn 99. This means that anytime you go and apply for a job, your potential employer will see this on your record.

At the end of the day, shoplifting, no matter how big or small, is not something you want to take part in.