CL Ch. 28- Shoplifting Flashcards
Aggravated Shoplifting:
266 Sec 30 D (Type 3)
Elements:
Type 3: Organized Crime
Elements:
-While acting with two or more people within a 180 day period;
- Stole, embezzled, or obtained by fraud: retail merchandise worth over $2500 in order to re-sell the merchandise.
Aggravated Shoplifting:
266 Sec 30 D
Type 3: Organized Crime:
While acting with (blank) people within a 180 day period;
- Stole, embezzled, or obtained by fraud: retail merchandise worth over $2500 in order to re-sell the merchandise.
two or more
Aggravated Shoplifting:
266 Sec 30 D
Type 3: Organized Crime:
While acting with two or more people within a (blank) day period;
- Stole, embezzled, or obtained by fraud: retail merchandise worth over $2500 in order to re-sell the merchandise.
180 day
Aggravated Shoplifting:
266 Sec 30 D
Type 3: Organized Crime:
While acting with two or more people within a 180 day period;
- Stole, embezzled, or obtained by fraud: retail merchandise worth over (blank) in order to re-sell the merchandise.
$2500
Aggravated Shoplifting 266 Sec 30B, 30C, and 30 D
ROA:
All three offenses: Felony
Shoplifting:
Three search options if vehicle is involved:
- Motor vehicle exception (Probable Cause)
- Consent (reasonable suspicion)
- Inventory- If vehicle is parked in store or mall lot, ask property owner/manager (aka private tow procedure)
Shoplifting:
Venue:
Any court having jurisdiction over atleast ONE shoplifting event may hear other related cases.
Shoplifting:
Merchants Civil Recovery:
Merchant may only collect actual and additional damages. Additional damages are limited to:
-Max of $50 when value is less than $50
-Max of $250 when value is more than $50 but less than $250
-Max of $500 when value exceeds $250
Shoplifting:
Merchants Civil Recovery:
Merchant may only collect actual and additional damages. Additional damages are limited to:
Max of $250 when:
value is more than $50 but less than $250
Shoplifting:
Merchants Civil Recovery:
Merchant may only collect actual and additional damages. Additional damages are limited to:
Max of $50 when:
value is less than $50
Shoplifting:
Merchants Civil Recovery:
Merchant may only collect actual and additional damages. Additional damages are limited to:
Max of $500 when:
value exceeds $250
Aggravated Shoplifting 266 Sec. 30C
Type 2:
Elements:
Type 2: Return Receipt
- With an intent to cheat or defraud;
- Possessed, uttered, altered, or reproduced a sales return receipt, price ticket, or universal product cod label
- With an intent to cheat or defraud;
- Possessed, uttered, altered, or reproduced a sales return receipt, price ticket, or universal product cod label
Aggravated Shoplifting: Ch. 266 Sec. 30 C
Type 2: Return Receipt
ROA: Felony
-While acting with two or more people within a 180 day period;
- Stole, embezzled, or obtained by fraud: retail merchandise worth over $2500 in order to re-sell the merchandise.
Aggravated Shoplifting:
266 Sec 30 D- Type 3: Organized Crime
ROA: Felony
Shoplifting:
- Suspect intentionally;
- Engaged in 1 of 6 prohibited acts
- With intent to deprive
What are the 6 acts?
- Take
- Conceal
- Manipulate price tag
- Switch container
- Ring up false price
- Remove shopping cart
Shoplifting:
ROA:
Warrantless arrest on Probable Cause
Note: Regardless of value! police may only charge shoplifting if value is less that $250. If over $250, proper charge is larceny
If retail value is less than $250, police may only charge shoplifting. If shoplifting involves goods worth $250 or more, police MAY charge:
Larceny.
But they can still choose to charge shoplifting even if value is over $250
(For example if value is say $275, shoplifting is going to impose a stronger potential penalty)
`Is shoplifting technically larceny from a building?
No.
Shoplifting is not larceny from a building because merchandise is protected by store employees, not the building.
Shoplifting becomes Robbery if:
Force or fear is used.
ex. shoplifter used weapon to escape= armed robbery
Are merchants immune from civil liability if they reasonably detain a suspect ed shoplifter on their premises pending the arrival of police?
Yes.
Aggravated Shoplifting 266 Sec. 30B
Type 1:
Elements: (2 options)
Type 1: Theft Device
TD- Intentionally possess, manufacture, or distribute a tool or device to deactivate or remove a Theft Detection Device
or
TS- Intentionally manufacture or distribute a Theft Shielding Device, or possess TS with intent to commit or aid a theft.
TD- Intentionally possess, manufacture, or distribute a tool or device to deactivate or remove a Theft Detection Device
or
TS- Intentionally manufacture or distribute a Theft Shielding Device, or possess TS with intent to commit or aid a theft.
Aggravated Shoplifting 266 Sec. 30B
Type 1: Theft Device
When is the crime of shoplifting complete?
When merchandise is concealed.
