CL Ch. 28- Shoplifting

Question 1

Aggravated Shoplifting:

266 Sec 30 D (Type 3)

Elements:

Answer 1

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.

Question 2

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.

Answer 2

two or more

Question 3

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.

Answer 3

180 day

Question 4

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.

Answer 4

$2500

Question 5

Aggravated Shoplifting 266 Sec 30B, 30C, and 30 D

ROA:

Answer 5

All three offenses: Felony

Question 6

Shoplifting:

Three search options if vehicle is involved:

Answer 6

1. Motor vehicle exception (Probable Cause)
2. Consent (reasonable suspicion)
3. Inventory- If vehicle is parked in store or mall lot, ask property owner/manager (aka private tow procedure)

Question 7

Shoplifting:

Venue:

Answer 7

Any court having jurisdiction over atleast ONE shoplifting event may hear other related cases.

Question 8

Shoplifting:

Merchants Civil Recovery:

Merchant may only collect actual and additional damages. Additional damages are limited to:

Answer 8

-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

Question 9

Shoplifting:

Merchants Civil Recovery:

Merchant may only collect actual and additional damages. Additional damages are limited to:

Max of $250 when:

Answer 9

value is more than $50 but less than $250

Question 9

Shoplifting:

Merchants Civil Recovery:

Merchant may only collect actual and additional damages. Additional damages are limited to:

Max of $50 when:

Answer 9

value is less than $50

Question 10

Shoplifting:

Merchants Civil Recovery:

Merchant may only collect actual and additional damages. Additional damages are limited to:

Max of $500 when:

Answer 10

value exceeds $250

Question 11

Aggravated Shoplifting 266 Sec. 30C

Type 2:

Elements:

Answer 11

Type 2: Return Receipt

1. With an intent to cheat or defraud;
2. Possessed, uttered, altered, or reproduced a sales return receipt, price ticket, or universal product cod label

Question 12

1. With an intent to cheat or defraud;
2. Possessed, uttered, altered, or reproduced a sales return receipt, price ticket, or universal product cod label

Answer 12

Aggravated Shoplifting: Ch. 266 Sec. 30 C

Type 2: Return Receipt

ROA: Felony

Question 13

-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.

Answer 13

Aggravated Shoplifting:

266 Sec 30 D- Type 3: Organized Crime

ROA: Felony

Question 14

Shoplifting:

1. Suspect intentionally;
2. Engaged in 1 of 6 prohibited acts
3. With intent to deprive

What are the 6 acts?

Answer 14

1. Take
2. Conceal
3. Manipulate price tag
4. Switch container
5. Ring up false price
6. Remove shopping cart

Question 15

Shoplifting:

ROA:

Answer 15

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

Question 16

If retail value is less than $250, police may only charge shoplifting. If shoplifting involves goods worth $250 or more, police MAY charge:

Answer 16

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)

Question 17

`Is shoplifting technically larceny from a building?

Answer 17

No.

Shoplifting is not larceny from a building because merchandise is protected by store employees, not the building.

Question 18

Shoplifting becomes Robbery if:

Answer 18

Force or fear is used.

ex. shoplifter used weapon to escape= armed robbery

Question 19

Are merchants immune from civil liability if they reasonably detain a suspect ed shoplifter on their premises pending the arrival of police?

Answer 19

Yes.

Question 20

Aggravated Shoplifting 266 Sec. 30B

Type 1:

Elements: (2 options)

Answer 20

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.

Question 21

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.

Answer 21

Aggravated Shoplifting 266 Sec. 30B

Type 1: Theft Device

Question 22

When is the crime of shoplifting complete?

Answer 22

When merchandise is concealed.