The Defendant’s Guide to Shoplifting
In Texas, there is no separate criminal offense called “shoplifting.” Instead, people who steal merchandise from open retail stores are prosecuted on theft charges. https://www.youtube.com/watch?v=iO7U652YH_A What is the definition of shoplifting? The term “shoplifting” generally refers to stealing goods from a retail establishment during regular business hours. Under Texas law, shoplifting is considered theft because Texas has consolidated most theft-type offenses, such as shoplifting, embezzlement, extortion, and receiving stolen property, into a single statute. Texas Penal Code § 31.03 reads: “A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.” Essentially, this means that theft is taking someone else’s property without their permission and not intending to return it. Texas law also criminalizes the possession, manufacturing, or distribution of shielding or deactivating instruments used for shoplifting under Texas Penal Code § 31.15. Is shoplifting a felony or misdemeanor? Shoplifting can be charged as either a felony or a misdemeanor offense depending on the value and nature of the property stolen and your criminal record. Class C Misdemeanor Shoplifting is a Class C misdemeanor if the value of the property stolen is less than $100; Class B Misdemeanor Shoplifting is a Class B misdemeanor if either of the following applies: The value of the property stolen is $100 or more, but less than $750.The value of the property stolen is less than $100 and you have a previous theft conviction. Class A Misdemeanor Shoplifting is a Class A misdemeanor if the value of the property…