Shoplifting in Arizona: ARS 13-1805
Learn about what shoplifting means in Arizona, and what you can expect if you're facing these charges in the Grand Canyon State.
Shoplifting according to ARS 13-1805 is stealing items from a shop or store while posing as a customer. Some refer to this as “boosting” or “lifting” items. When the crime is committed, the place of business must be open for the theft to be considered shoplifting. If the offender steals while the store is closed, it’s burglary instead.
Shoplifting is among the most common of crimes committed in the state of Arizona. But this doesn’t mean it’s not a serious charge. In fact, shoplifting can be a felony charge in some situations. Let’s look at some specifics related to this crime.
Shoplifting Under ARS 13-1805
The laws on this crime in Arizona state that someone commits shoplifting when they take goods from an entity knowingly and with the intention of depriving the other of that item. Stated simply, this means taking goods and not paying for them. This can mean any of the following:
· Taking items and not paying or officially buying them.
· Taking items and charging another person without their consent.
· Transferring items to a different container from a previous container.
· Altering labels or price tags in order to pay less for the purchase.
· Concealing items or goods to make it easier to steal them.
Common Methods for Shoplifting
Here are some specific instances of shoplifting. Grabbing something off the shelf and running out the door of the shop is another common form of this crime and makes it obvious that the offender had no intention of paying for what they took. Another common scheme is purposely altering or switching a price tag to make it appear as though the item you’re purchasing was cheaper than it really was.
People who do this will often claim they did so by mistake to try to get away with it. Some more specific scenarios of shoplifting would be concealing an item from a store in a bag or in one’s pocket. It’s not necessary that the individual leaves the store premises to be charged or arrested for the crime.
Once you walk past the registers, the store security can detain you for shoplifting. In addition, placing something like a tube of lipstick in another item, like a purse, then paying for only the purse, would also count as shoplifting. Both of these are common scenarios related to the crime.
Mental Awareness
Statute ARS 13-1805 also says that if the accused conceals items knowingly on another person, or uses something to conceal the items, they are subject to the terms of the statute due to being mentally aware of their crime.
Detaining Shoplifters
The statute says that employees of the business are allowed to detain a shoplifter in a reasonable fashion so they can wait for police to arrive or question the offender themselves. In addition, the statute says that civil actions (such as lawsuits) may be taken if the shoplifter injures any employees while committing the crime.
Penalties for Shoplifting
As stated, this crime can result in a felony charge, but it may also result in a misdemeanor. There are a number of factors outlined in 13-1805 that contribute to what the charge will be.
Misdemeanor Shoplifting
According to ARS 13-1805, stealing any items under $1,000 in value can result in a class 1 misdemeanor. Shoplifting firearms, on the other hand (even if they are worth less than that), can be a class 6 felony. A lot of cases of shoplifting involve items of low value stolen from Walmart or similar stores.
In cases like these, first-time shoplifters might have community service or a diversion program made available to them. If their charge is a class 1 misdemeanor, they could get fines of $2,500 or less (plus surcharges) and up to 60 days in jail.
Felony Shoplifting
Shoplifting items that are worth between $1,000 and $2,000 will likely result in a class 6 felony charge. Stealing property worth more than $2,000 will be a class 5 felony. Punishments for a class 6 conviction may include prison time between four months and two years, or a year in jail with probation.
For those that have a single prior felon conviction, the prison time could be between a year and nearly four years. For offenders with two prior felony charges, it will be between three and seven and a half years of prison.
For class 5 felony convictions, penalties could include between half a year and two and a half years of prison time, probation, and up to 12 months in jail. If the offender has a prior felony charge, they could get up to nearly four years in prison and up to seven and a half with two felony charges on their record.
“Continuing Criminal Episode”
In addition, shoplifting items in the midst of a “continuing criminal episode,” committing the crime to assist a street gang, or doing so to promote the gang, could lead to a class 5 felony. A continuing criminal episode is multiple (three or more) crimes of theft within a 90-day period, if the value was worth at least $1,500 for each instance.
Shoplifting while using a device or instrument can result in a class 4 felony charge. Shoplifting with convictions such as retail theft, robbery, ordinary theft, burglary, or other shoplifting charges within the last five years could also mean a class 4 felony for the offender.
The penalties for this charge can result in probation, a year or less in jail, and between one and nearly four years of prison time for the offender. If the accused has a single prior felony charge on their record, the prison sentence range goes up to between about two and nearly eight years. With two previous convictions, it increases to between six and 15 years of prison time.
Juvenile Instances of Shoplifting
All of the punishments listed above refer to individuals over 18 who have been charged with this crime. For juveniles, getting caught shoplifting is a different scenario as the legal system will focus more on rehabilitation than incarceration.
Need help with a Shoplifting charge in Arizona? Call us at (480) 651-8578 to speak to a criminal attorney for free.
To learn more about threatening and intimidating and how it pertains to your specific charge or case, contact an attorney in your area that focuses on these types of charges. Often, you'll be able to schedule a free consultation with an attorney at no cost to you. You can also visit the Arizona Courts website to learn more.