Shoplifting and Petty Theft Penalties by State (2026)
How each state charges shoplifting and petty theft and the maximum penalties, from each state criminal code.
| State | Shoplifting and petty theft |
|---|---|
| Alabama | Shoplifting and other petty theft are charged as theft of property. Theft of property that does not exceed $500 in value and is not taken from the person of another is theft of property in the fourth degree, a Class A misdemeanor (up to one year in the county jail and a fine of not more than $6,000). Separately, a merchant may sue an adult or emancipated minor who steals or tries to steal goods for sale for the full retail value of merchandise not recovered in merchantable condition, $200 in recovery expenses, and reasonable attorney's fees and court costs not to exceed $1000; parents of an unemancipated minor under 19 can be liable, up to $750 per offense and up to three offenses a calendar year. Ala. Code 1975 §§ 13A-8-5, 6-5-271, 13A-5-7, 13A-5-12 |
| Alaska | Shoplifting can be charged in Alaska as concealment of merchandise or as theft. Concealing merchandise worth less than $250 is a Class B misdemeanor (up to 90 days in jail and a fine up to $2,000), and $250 to $749 is a Class A misdemeanor (up to 1 year, up to $25,000); concealing a firearm or merchandise worth $750 or more is a Class C felony. Theft in the fourth degree (property worth less than $250) is also a Class B misdemeanor. Repeat shoplifting is punished more severely: theft or concealment of items worth less than $250 by someone convicted and sentenced on three or more separate occasions of theft or concealment within the past five years is a Class A misdemeanor, and theft or concealment of items worth $250 to $749 after two or more convictions within five years for theft or concealment of $250 or more is a Class C felony (up to five years, up to $50,000). AS 11.46.130(a)(6), 11.46.140(a)(1), (a)(4), 11.46.150, 11.46.220(c); AS 12.55.035, 12.55.125, 12.55.135 |
| Arizona | Shoplifting is knowingly taking goods from a store with intent to deprive the owner, including by removing them without paying, switching price tags or containers, or concealing them. Shoplifting property valued at less than one thousand dollars is a class 1 misdemeanor (up to six months in jail and a fine up to $2,500), unless the property is a firearm. Repeat shoplifting becomes a class 4 felony when the person has previously committed or been convicted, within the past five years, of two or more offenses involving burglary, shoplifting, robbery, organized retail theft or theft; using a device or container to help shoplift is also a class 4 felony. Under the civil shoplifting statute, an adult shoplifter owes the store a penalty equal to the retail value of the goods plus an additional penalty of at least two hundred fifty dollars but not more than two hundred fifty dollars plus the store's actual damages. A.R.S. §§ 13-1805(A), (H), (I); 12-691; 13-707; 13-802 |
| Arkansas | Arkansas generally charges shoplifting under its theft of property statute. Theft of property worth $1,000 or less is a Class A misdemeanor (up to 1 year in jail and a fine up to $2,500); theft becomes a felony above $1,000 (see the felony theft threshold). A low-value theft becomes a Class D felony (up to 6 years, up to $10,000) when the person has been previously convicted of a theft offense of any classification within ten years of the current offense. Ark. Code § 5-36-103(b)(3)(J), (b)(4); 5-4-401; 5-4-201 |
| California | Obtaining property by theft worth $950 or less is petty theft, a misdemeanor punishable by up to six months in county jail and/or a fine of up to $1,000. Entering a commercial establishment during business hours intending to steal property worth $950 or less is the separate crime of shoplifting, a misdemeanor (up to 6 months in county jail and/or a $1,000 fine); a person with a prior conviction for certain very serious offenses or who must register as a sex offender can instead be sentenced to 16 months, 2 or 3 years under Penal Code § 1170(h). Since Proposition 36 took effect December 18, 2024, petty theft or shoplifting by a person with two or more prior theft-related convictions (no matter how old) can be charged under Penal Code section 666.1 as a misdemeanor or felony (up to 1 year in county jail or 16 months, 2 or 3 years; a later § 666.1 conviction can bring state prison), and the values of multiple thefts can be added together to reach the $950 grand-theft threshold. Cal. Penal Code §§ 459.5, 486, 488, 490, 490.2, 490.3, 666.1; Cal. Attorney General Information Bulletins 2024-DLE-19 and 2025-DLE-12 |
| Colorado | Colorado has no separate shoplifting crime; taking merchandise is charged as theft, graded by value. Theft of less than $300 is a petty offense (up to ten days in jail and a fine up to $300); $300 or more but less than $1,000 is a class 2 misdemeanor (up to 120 days and $750); and $1,000 or more but less than $2,000 is a class 1 misdemeanor (up to 364 days and $1,000). Thefts committed within six months may be added together and charged as one offense based on the total value. Willfully concealing unpurchased goods in a store is prima facie evidence of intent to commit theft. The theft statute contains no rule making a repeat low-value theft a felony because of prior convictions. C.R.S. §§ 18-4-401(2)(b), (c), (e), (4); 18-4-406 |
| Connecticut | Shoplifting is a form of larceny in Connecticut: intentionally taking goods offered for sale with the intention of converting them to one's own use without paying, and concealing unpurchased goods creates a presumption of that intent. It is graded by value like other larceny; property worth five hundred dollars or less is larceny in the sixth degree, a Class C misdemeanor (up to three months and a $500 fine). Under the civil shoplifting statute, an adult or emancipated minor who shoplifts or alters price tags is liable to the store for the costs of the lawsuit including a reasonable attorney's fee, the retail value of goods not recovered or recovered unmerchantable, and punitive damages not to exceed three hundred dollars; no criminal conviction is required. Possessing a shoplifting device is a separate Class A misdemeanor. Conn. Gen. Stat. §§ 53a-119(9), 53a-125b, 53a-127f, 52-564a, 53a-36, 53a-42 |
| Delaware | Shoplifting is a separate crime in Delaware: while in a store, removing, concealing, switching containers, altering price tags, or otherwise taking merchandise with intent to keep it without paying; concealing unpurchased goods is presumed intentional. Shoplifting goods worth less than $1,500 is a Class A misdemeanor, punishable by up to 1 year and a $2,300 fine. It is a Class G felony (up to 2 years) when the goods are worth $1,500 or more, or when goods taken from 3 or more stores in the same or a continuing course of conduct total $1,500 or more. Store employees 18 or older with probable cause may detain a suspect for a reasonable time to summon police. 11 Del. C. §§ 840, 4205(b), 4206 |
| District of Columbia | Shoplifting is a separate crime in D.C.: with intent to take merchandise without full payment, knowingly concealing or taking possession of it, removing or altering a price tag or identification mark, or moving it to a different container or package. It is punishable by up to 90 days in jail, a fine, or both, and attempted shoplifting is not a crime. Under the merchant civil recovery law, anyone who commits fraud, shoplifting or theft from a merchant is civilly liable for treble the actual damages and the retail value of unrecovered goods (or the lost value of recovered goods), or a minimum of $50, whichever is greater; parents or guardians are liable for a juvenile's acts. Merchants who detain a suspect on probable cause in a reasonable manner and notify police are protected from liability. D.C. Code §§ 22-3213, 27-102 |
| Florida | Shoplifting is called retail theft in Florida and is graded like other theft. Stealing property worth less than $100 is petit theft of the second degree, a second-degree misdemeanor (up to 60 days and a $500 fine); $100 to less than $750 is petit theft of the first degree, a first-degree misdemeanor (up to 1 year and $1,000). Petit theft by someone previously convicted of any theft is a first-degree misdemeanor, and by someone with two or more prior theft convictions it is a third-degree felony (up to 5 years). Organized or repeated retail theft, such as thefts within a 120-day period that total $750 or more or three or more thefts of 10 or more items at different stores, is a third-degree felony. A store or other victim can sue for three times the actual damages, with minimum damages of $200, plus attorney's fees, after first making a written demand; paying the demand within 30 days ends civil liability. Fla. Stat. §§ 812.014(2)(e)-(f), (3); 812.015(8); 772.11(1) |
| Georgia | Theft by shoplifting of property worth $500.00 or less is a misdemeanor; on a second conviction the fine is 'not less than $500.00' and cannot be suspended or probated, and a third conviction brings at least 30 days in jail (or 120 days of certain confinement alternatives or monitored house arrest). A fourth or later conviction is a felony punishable 'by imprisonment for not less than one nor more than ten years.' Shoplifting becomes a felony (one to ten years) when the property is worth more than $500.00, or when thefts from three stores in one county within seven days, or within 180 days, together exceed $500.00. A merchant may also sue a shoplifter for the loss plus a civil penalty of '$300.00 or triple the amount of the entire loss sustained,' whichever is greater, when the total claim is under $5,000 and written-demand rules are followed (§ 51-10-6). O.C.G.A. §§ 16-8-14(b); 51-10-6(a) |
| Hawaii | Shoplifting is a form of theft in Hawaii: concealing or taking possession of a store's merchandise with intent to defraud, or altering price tags. It is graded by value; theft of property worth $250 or less is theft in the fourth degree, a petty misdemeanor (up to 30 days and $1,000), and theft of property worth more than $250 is theft in the third degree, a misdemeanor (up to one year and $2,000). Under the civil shoplifting law, a shoplifter is liable to the store for actual damages plus a $75 civil penalty if the store makes a written demand, or, if the store sues, actual damages, the $75 penalty and an added civil penalty of $50 to $500 for the costs of suit; no criminal conviction is required, and claims may be brought in small claims court. Haw. Rev. Stat. §§ 708-830(8), 708-832, 708-833, 663A-2 |
| Idaho | Idaho has no separate shoplifting crime; taking merchandise is charged as theft. Any theft that is not grand theft is petit theft, a misdemeanor punishable by a fine not exceeding $1,000, up to one (1) year in county jail, or both. Theft becomes grand theft (a felony) when property with an aggregate value over $50.00 is stolen in three or more incidents during a criminal episode (a series of acts over up to three days). Under the civil shoplifting statute, a person who takes or conceals merchandise or commits retail theft also owes the merchant the retail value of the goods plus damages of not less than $100 nor more than $250, court costs and reasonable attorney's fees. Idaho Code §§ 18-2407(1)(b), (2); 18-2408(3); 48-701 |
| Illinois | Shoplifting is called retail theft in Illinois. Retail theft of merchandise worth $300 or less ($150 or less for motor fuel) is a Class A misdemeanor (less than one year in jail, fine up to $2,500); ordinary theft of property worth $500 or less, not from the person, is also a Class A misdemeanor. A repeat offense becomes a felony: retail theft of $300 or less is a Class 4 felony (1 to 3 years) if the person has a prior conviction for any type of theft, robbery, burglary, home invasion, unlawful use of a credit card or forgery, among others. Using a theft-detection shielding device is a Class 4 felony on a second offense, and leaving through an emergency exit to commit retail theft is a Class 4 felony even for $300 or less. Merchants can sue in civil court for the retail value plus $100 to $1,000, attorney's fees and court costs, even without a criminal conviction. 720 ILCS 5/16-25(a), (b), (f)(1)-(2); 720 ILCS 5/16-1(b)(1)-(2); 720 ILCS 5/16-27; 730 ILCS 5/5-4.5-55, -45 |
| Indiana | Indiana charges shoplifting as theft: knowingly or intentionally exerting unauthorized control over another person's property with intent to deprive the owner of any part of its value or use. Theft is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $5,000, when the property is worth less than $750. It is a Level 6 felony (6 months to 2.5 years and up to $10,000) if the property is worth at least $750 but less than $50,000, or if the person has a prior unrelated conviction for theft, criminal conversion, robbery or burglary, and a Level 5 felony (1 to 6 years) if the property is worth $50,000 or more or is a firearm. Ind. Code §§ 35-43-4-2(a), 35-50-3-2, 35-50-2-6, 35-50-2-7 |
| Iowa | Iowa has no separate shoplifting crime; taking store merchandise is charged as theft, and hiding unpurchased merchandise is evidence of intent to steal. Theft of property worth $300 or less is theft in the fifth degree, a simple misdemeanor (fine of $105 to $855 and up to thirty days in jail); more than $300 up to $750 is fourth degree, a serious misdemeanor. Theft of $750 or less becomes theft in the third degree, an aggravated misdemeanor (up to two years), when the person has twice before been convicted of theft. Separately, a merchant can sue a shoplifter for return of the goods or their price, any loss in value, and the greater of $50 or actual recovery costs, not to exceed $200; no criminal conviction is required, and parents of a minor can be liable. Iowa Code §§ 714.2(3)-(5), 714.5(1), 645.2, 645.3; 903.1 (Iowa Code 2026) |
| Kansas | Kansas has no separate shoplifting crime; it is charged as theft. Theft of property worth less than $1,500 is a class A nonperson misdemeanor (up to one year in jail and a fine up to $2,500). It becomes a severity level 9 nonperson felony when property worth less than $1,500 is taken from three separate stores within 72 hours as part of the same scheme, or when the property is worth at least $50 and the person has been convicted of theft two or more times in the five years before the crime. Under the civil shoplifting statute, a merchant may sue a shoplifter for a civil penalty: twice the retail cost or $50, whichever is greater, up to $500, if the goods are not recovered in sellable condition; or $50 or 50% of the retail cost, whichever is greater, up to $350, if they are. Parents of an unemancipated minor can be liable, the merchant must first send a written demand, and no criminal conviction is required. K.S.A. 21-5801(b)(4)-(6); 60-3331(a), (b), (d), (e); 21-6602; 21-6611 |
| Kentucky | Kentucky charges shoplifting as theft by unlawful taking; willfully hiding unpurchased merchandise in a store is prima facie evidence of intent to steal. Theft of property worth less than $500 is a Class B misdemeanor (up to 90 days in jail and a $250 fine), and $500 or more but less than $1,000 is a Class A misdemeanor. A person with three or more Class A misdemeanor theft convictions in the last five years is charged with a Class D felony, and separate thefts within one year may be combined and their values added together. Under the civil statute, an adult who takes store merchandise without paying owes the merchant actual damages plus a penalty equal to the retail value of the merchandise up to $500, plus an additional penalty of $100 to $250; custodial parents of a minor are liable on the same terms, and no criminal conviction is required. KRS 433.234(1); 514.030(2)(d), (f); 411.095(1), (2), (4); 532.090; 534.040 |
| Louisiana | Shoplifting has no separate statute in Louisiana; it is charged as theft (the old 'theft of goods' section was repealed in 2017). Theft of less than $1,000 is punishable by up to six months in jail, a fine of not more than $1,000, or both. If the person has two or more prior theft convictions, theft under $1,000 is punishable by up to two years (with or without hard labor), a fine of not more than $2,000, or both. The law lets a jury infer intent to steal from a store when someone hides merchandise, switches or removes price tags, repackages goods, or makes a register ring up less than the real price. La. R.S. 14:67(B)(4)(a), (B)(4)(b), (E); R.S. 14:67.10 (repealed by Acts 2017, No. 281, §3) |
| Maine | Maine has no separate shoplifting crime; taking merchandise is charged as theft by unauthorized taking. Low-value theft is a Class E crime, punishable by up to 6 months in jail and a fine up to $1,000 (more than $500 up to $1,000 is Class D). Theft becomes a Class C crime (up to 5 years) regardless of value when the person has 2 or more prior convictions for theft or certain other listed offenses. Under the civil recovery statute, a person who unlawfully takes or tries to take merchandise owes the merchant the retail price if the item is not returned in merchantable condition, plus a civil penalty equal to 3 times the retail price, but not less than $50 or more than $500. 17-A M.R.S. §§ 353(1)(A), (1)(B)(5)-(6), 1604(1); 14 M.R.S. § 8302(1), (3) |
| Maryland | Shoplifting is charged as theft. Theft of property or services worth less than $100 is a misdemeanor punishable by up to 90 days, a fine up to $500, or both. Theft of $100 to less than $1,500 is a misdemeanor with up to 6 months and/or a $500 fine for a first conviction, and up to 1 year and/or $500 for a second or later one. A person with four or more prior theft convictions who steals less than $1,500 is still guilty of a misdemeanor but faces up to 5 years, a fine up to $5,000, or both, if the State's Attorney gives the required notice. Under the civil shoplifting law, the person is liable to the merchant for the merchant's stated sales price when the goods are not returned or were damaged, plus any other actual damages (not including lost time or wages). Md. Code, Crim. Law § 7-104(g)(2)-(5); Cts. & Jud. Proc. § 3-1302 |
| Massachusetts | Shoplifting is a separate crime. When the goods are worth less than $250, a first offense is punishable only by a fine up to $250; a second offense by a fine of $100 to $500; and a third or later offense by a fine up to $500, up to two years in jail, or both. When the goods are worth $250 or more, any violation is punishable by a fine up to $1,000, up to 2 1/2 years in a house of correction, or both. Thefts of larger amounts can also be charged as larceny, which becomes a felony above $1,200. G.L. c. 266, §§ 30A, 30(1) |
| Michigan | Shoplifting is called retail fraud in Michigan. Stealing store merchandise priced under $200 is retail fraud in the third degree, a misdemeanor punishable by up to 93 days and a fine up to $500 or 3 times the value, or both. $200 to under $1,000, or a third-degree offense by someone with a prior conviction, is second degree, a misdemeanor with up to 1 year and a fine up to $2,000 or 3 times the value. A second-degree offense by someone with one or more prior first-degree retail fraud convictions is first-degree retail fraud, a felony with up to 5 years and a fine up to $10,000 or 3 times the value. Civilly, the merchant may recover the full retail price of unrecovered or unsellable goods plus civil damages of 10 times the retail price, but not less than $50.00 and not more than $200.00, only if a police report was filed. MCL 750.356c(1)-(2), 750.356d(1)-(2), (4); MCL 600.2953(1), (8) |
| Minnesota | Shoplifting is charged as theft. Stealing property worth $500 or less is punishable by up to 90 days, a fine up to $1,000, or both (a misdemeanor); more than $500 up to $1,000 is punishable by up to 364 days and/or $3,000 (a gross misdemeanor). Theft of more than $500 but not more than $1,000 moves into the five-year felony tier when the person has a qualifying conviction within the preceding five years. Civilly, a person who steals from a retail store owes the retail price of the merchandise plus punitive damages of $50 or up to 100 percent of the value, whichever is greater. Minn. Stat. §§ 609.52, subd. 3(3)(c), (4), (5); 604.14, subd. 1 |
| Mississippi | Shoplifting merchandise worth $1,000 or less is a misdemeanor: a first conviction is punished by a fine of not more than $1,000, up to six months in county jail, or both; a second by a fine of not more than $2,500 and/or 48 hours to six months in county jail (§ 97-23-93(5)). A third or later shoplifting conviction where the merchandise is worth at least $500 (up to $1,000) is a felony, with a fine up to $3,000 and/or up to three years (§ 97-23-93(6)). Shoplifting over $1,000 is a felony punished as grand larceny (§ 97-23-93(7)). Other low-value theft (under $1,000) is petit larceny, punished by up to six months in county jail and/or a fine up to $1,000 (§ 97-17-43(1)). Miss. Code Ann. §§ 97-23-93, 97-17-43 |
| Missouri | Missouri has no separate shoplifting crime; taking merchandise is charged as stealing. Stealing is a class D misdemeanor (fine up to $500) when the property is under $150, is not a specially listed type, and the person has no prior findings of guilt for a stealing-related offense; otherwise low-value stealing is a class A misdemeanor (up to one year and $2,000). Stealing becomes a class E felony (up to four years) when the person has previously been found guilty of three stealing-related offenses committed on three separate occasions within ten years of the current offense. Willfully concealing unpurchased merchandise is presumed to show intent to steal, and a merchant may detain a suspect in a reasonable manner for a reasonable time without being liable for false arrest. RSMo § 570.030.6(3), .7, .8, .9 (version effective 8/28/2025); § 537.125; §§ 558.002, 558.011 |
| Montana | Montana has no separate shoplifting crime; it is charged as theft. A first or second conviction for theft of property not exceeding $1,500 in value is a misdemeanor punishable by a fine not to exceed $1,500, up to 6 months in county jail, or both. A third or subsequent conviction carries a mandatory $1,500 fine and 30 days to 6 months in county jail; prior convictions do not by themselves make low-value theft a felony. Under the civil shoplifting statute, an adult who takes goods from a store owes the merchant a penalty of the greater of $100 or the retail value of the goods, not to exceed $1,000, in addition to actual damages, even if the goods are returned unharmed; parents of minors owe the same penalty. MCA §§ 45-6-301(7)(a) (amended 2025), 27-1-718 |
| Nebraska | Nebraska has a specific crime called theft by shoplifting: concealing or taking store merchandise, switching price tags or containers, under-ringing a register, or disabling a security device, intending to take the goods without paying. It is graded like other theft. Theft of property worth five hundred dollars or less is a Class II misdemeanor (up to six months, $1,000 fine, or both) on a first conviction and a Class I misdemeanor (up to one year) on a second; a third or later conviction is a Class IV felony (up to two years plus post-release supervision or a $10,000 fine). Prior convictions count only if they occurred within ten years before the new offense. A merchant or employee with probable cause may detain a suspected shoplifter in a reasonable manner for a reasonable time without criminal or civil liability. Neb. Rev. Stat. §§ 28-511.01, 28-518(4), (6), (7), (9), 29-402.01 |
| Nevada | Nevada has no separate shoplifting crime; taking goods from a store is charged as theft or petit larceny. Stealing property worth less than $1,200 is petit larceny, a misdemeanor (up to 6 months in jail, a $1,000 fine, or both), and the court must order restitution; the theft grading statute has no rule making low-value theft a felony because of prior convictions. Under the civil shoplifting statute, an adult who steals merchandise from or damages property on a merchant's premises owes the retail value of the merchandise (or fair market value of other property) plus damages of not less than $100 nor more than $250, costs of suit and reasonable attorney's fees, even without a criminal conviction. NRS 205.240(1)(a)(1), (2); NRS 205.0835(2)(a); NRS 597.860(1) |
| New Hampshire | Willfully concealing a store's merchandise while still on the premises is the separate offense of willful concealment, a misdemeanor; taking goods off the premises, switching price tags, under-ringing a register, or moving goods into another container with intent to deprive the merchant is theft. Theft of property worth $1,000 or less is a misdemeanor. Theft becomes a class B felony (up to seven years) when the person has twice before been convicted of theft as a felony or class A misdemeanor, when the person has twice before been convicted of shoplifting-type theft under RSA 637:3-a, II within a 36-month period, or when the goods are taken from 3 separate businesses within 72 hours. A person who willfully conceals merchandise is also civilly liable to the merchant for damages up to $400 plus the merchandise or its value if damaged or unrecoverable. RSA 637:3-a; RSA 637:11, II(b), (d), (g), III; RSA 544-C:1, II |
| New Jersey | Shoplifting is its own offense in New Jersey (§ 2C:20-11). If the full retail value of the merchandise is less than $200 it is a disorderly persons offense (up to 6 months, fine up to $1,000); at least $200 but not more than $500 is a crime of the fourth degree (§ 2C:20-11(c)). Every shoplifting conviction also carries community service: at least ten days for a first offense, at least 15 days for a second offense, and a maximum of 25 days for a third or subsequent offense; a person convicted of a third or subsequent shoplifting offense must serve a minimum term of imprisonment of not less than 90 days (§ 2C:20-11(c)). Separately, a merchant may sue a shoplifter in civil court for the value of the merchandise (not to exceed $500) if it cannot be returned in its original condition, plus a civil penalty of up to $150, with reasonable attorney's fees and court costs to the prevailing party; the civil statute does not apply if the merchandise is worth more than $500 (§ 2A:61C-1). N.J.S. 2C:20-11(c); N.J.S. 2A:61C-1; N.J.S. 2C:43-8 |
| New Mexico | New Mexico charges shoplifting as its own offense: taking possession of or concealing merchandise offered for sale by a retailer, intending to take it without paying, or altering a price tag or switching containers to pay less. According to the Supreme Court-approved jury instruction, shoplifting merchandise worth $250 or less is a petty misdemeanor; higher values are charged by tier (over $250, over $500 as a fourth-degree felony, over $2,500 as a third-degree felony, over $20,000 as a second-degree felony). Since a 2023 amendment, when a person shoplifts more than once over a ninety (90)-day period, prosecutors may charge a single count based on the aggregated retail market value of the merchandise, which can raise the grade. The 2023 amendment also created a separate offense of aggravated shoplifting: shoplifting followed immediately by assaulting or striking at someone with a deadly weapon to keep the stolen property or to escape. NMSA 1978, § 30-16-20 (2023), as described in UJI 14-1610 and UJI 14-1612 NMRA |
| New York | New York has no separate shoplifting crime; stealing merchandise is charged as larceny. Stealing property worth $1,000 or less (with no other felony factor) is petit larceny, a class A misdemeanor punishable by up to 364 days in jail and a fine up to $1,000. Penal Law § 155.25 contains no rule that makes repeat petit larceny a felony. Under the civil shoplifting statute, a merchant may recover from an adult (or from the parent of an unemancipated minor) the retail price of goods not recovered in merchantable condition, up to $1,500, plus a penalty of the greater of five times the retail price or $75, but not more than $500; no criminal conviction is required. N.Y. Penal Law § 155.25; § 155.30; Gen. Oblig. Law § 11-105(5)-(7) |
| North Carolina | Shoplifting can be charged as larceny or as concealment of merchandise. Larceny of property worth $1,000 or less is a Class 1 misdemeanor (up to 120 days depending on prior convictions). Willfully concealing unpaid store goods while still on the premises, or switching or altering price tags, is concealment of merchandise: a Class 3 misdemeanor for a first conviction (any suspended sentence requires at least 24 hours of community service), a Class 2 misdemeanor for a second offense within three years, and a Class 1 misdemeanor for a third or later offense within five years. Repeat shoplifting becomes a felony when larceny is committed after the person has been convicted of larceny at least four times, which is a Class H felony. A merchant can also sue for the value of the goods plus consequential damages of not less than $150 and not more than $3,000, plus punitive damages and attorney's fees; parents may be liable for a minor's shoplifting in some cases. N.C. Gen. Stat. §§ 14-72(a), (b)(6); 14-72.1(a), (d), (e); 1-538.2(a)-(b) |
| North Dakota | Shoplifting (taking, concealing, or altering price tags on store merchandise with intent to deprive the owner) is charged as theft. Theft of property worth $500 or less by shoplifting is a class B misdemeanor for a first offense (up to 30 days and $1,500). A second or third shoplifting offense within three years is a class A misdemeanor (up to 360 days and $3,000), and a fourth or later shoplifting offense within four years is a class C felony (up to 5 years and $10,000). An adult shoplifter, or the parent of an unemancipated minor living at home, is also civilly liable to the merchant for the retail value of the merchandise plus exemplary damages of not more than $250, court costs and reasonable attorney's fees; no criminal conviction is required, but the merchant must wait until any criminal case is completed. N.D.C.C. §§ 12.1-23-05(4)-(5), 12.1-23-10(11), 51-21-05 |
| Ohio | Ohio has no separate shoplifting crime; shoplifting is charged as theft. Theft of property worth less than $1,000 is misdemeanor theft, a misdemeanor of the first degree (up to 180 days and $1,000). A prior conviction can raise the grade: theft is grand theft, a fourth-degree felony, if the offender has a felony theft conviction within the previous three years, and aggravated theft, a third-degree felony, with two or more felony theft convictions within three years. A merchant or other property owner may also sue the thief and choose either the property's value plus liquidated damages of $50, $100 or $150 (depending on value), or liquidated damages of the greater of $200 or three times the property's value. R.C. 2913.02(B)(2); 2307.61(A)(1) |
| Oklahoma | Shoplifting is charged as larceny of merchandise from a retailer or wholesaler. For a first or second conviction where the goods are worth less than One Thousand Dollars ($1,000.00), it is a misdemeanor punishable by up to thirty (30) days in county jail and a fine of not less than Ten Dollars ($10.00) nor more than Five Hundred Dollars ($500.00) (minimum fine $50.00 if more than one item was taken). A third or subsequent conviction under $1,000.00 is a misdemeanor punishable by up to one (1) year in county jail and a fine of up to One Thousand Dollars ($1,000.00). Values from three or more thefts within a 180-day period may be added together to reach the felony tiers, and restitution to the store is required. Ordinary petit larceny (under $1,000.00) is punishable by a fine of $10.00 to $500.00, up to six (6) months in county jail, or both. 21 O.S. §§ 1731(A)-(D), 1706 |
| Oregon | Oregon charges shoplifting as theft. Taking property worth less than $100 is theft in the third degree, a Class C misdemeanor (up to 30 days in jail and a fine up to $1,250); $100 or more but less than $1,000 is theft in the second degree, a Class A misdemeanor (up to 364 days, $6,250). A person who has received a merchant's notice of trespass and re-enters the store while it is open with intent to steal commits criminal trespass in the first degree, a Class A misdemeanor. Acting with another person to take store merchandise worth more than $5,000 in total within any 180-day period is organized retail theft, a Class B felony. Under the civil shoplifting statute, an adult or emancipated minor who takes merchandise is liable to the store for actual damages, a penalty equal to the retail value of the merchandise (not to exceed $500), and an additional penalty of not less than $100 nor more than $250. ORS 164.043, 164.045, 164.255(1)(b), (3), 164.098, 30.875(1); 161.615, 161.625 |
| Pennsylvania | Shoplifting is called retail theft in Pennsylvania. A first offense involving merchandise worth less than $150 is a summary offense (up to 90 days and $300); a second offense under $150 is a misdemeanor of the second degree (up to two years); a first or second offense of $150 or more is a misdemeanor of the first degree (up to five years). A third or subsequent retail theft offense is a felony of the third degree (up to seven years and $15,000) regardless of value, as is any retail theft over $1,000 or of a firearm or motor vehicle. A store may also sue for return of the merchandise or its value, actual damages, reasonable attorney fees and court costs, plus a civil penalty in the amount of the value of the merchandise plus $150. 18 Pa.C.S. § 3929(b)(1); 42 Pa.C.S. § 8308(a); 18 Pa.C.S. §§ 1101, 1103-1105 |
| Rhode Island | Shoplifting includes taking store merchandise intending to deprive the merchant of its value, switching or removing price tags, moving goods into another container to pay less, and taking a shopping cart off the premises. A first offense is a misdemeanor punishable by a fine of not less than $50 or two times the full retail value, whichever is greater, but not more than $500, and/or up to one year in prison. A person who has a prior shoplifting conviction and shoplifts merchandise worth more than $100 is guilty of a felony punishable by a fine up to $5,000, up to five years in prison, or both. A person convicted three times of shoplifting (or of shoplifting, larceny or receiving stolen goods) is a habitual offender, punished by a fine of $200 to $500 and six months to one year in prison. A merchant may also recover civilly the retail value of unrecovered merchandise, a penalty of not more than $100, and court costs. R.I. Gen. Laws §§ 11-41-20(b), (d), 11-41-24, 11-41-28(a) |
| South Carolina | Shoplifting of merchandise worth $2,000 or less is a misdemeanor triable in magistrates or municipal court, punishable by a fine of not more than $1,000 or up to thirty days in jail. Shoplifting of more than $2,000 but less than $10,000 is a felony punishable by a fine up to $1,000 or up to five years, or both, and $10,000 or more is a felony punishable by up to ten years. The shoplifting statute has no rule raising a repeat low-value shoplifting offense to a felony; first and second offenses must be reported to SLED so prior records can be checked. Under the civil shoplifting statute, an adult or emancipated minor is liable to the store for the retail price of unrecovered merchandise (up to $1,500) plus a penalty not to exceed the greater of three times the retail price or $150, and never more than $500. S.C. Code §§ 16-13-110(B), 16-13-111, 15-75-40(C) |
| South Dakota | South Dakota charges shoplifting as theft. Taking property worth $400 or less is petty theft in the second degree, a Class 2 misdemeanor (up to thirty days in county jail, a $500 fine, or both), and more than $400 up to $1,000 is petty theft in the first degree, a Class 1 misdemeanor (up to one year, $2,000). The theft grading statutes contain no rule raising repeat petty theft to a felony. Under the civil shoplifting statute, a person who takes merchandise displayed for sale without paying is liable to the store for the retail value of the merchandise plus a penalty of four times the retail value or $100, whichever is greater. SDCL 22-30A-17, 22-30A-17.2, 22-30A-17.3, 22-30A-19.1; 22-6-2 |
| Tennessee | Shoplifting is charged as theft of merchandise and is graded the same way as other theft by value. Theft of property or services worth $1,000 or less is a Class A misdemeanor (unless the item is a firearm), punishable by up to 11 months and 29 days in jail, a fine of up to $2,500, or both. A fifth or subsequent theft-of-merchandise conviction within a two-year period is punished one classification higher than the value would otherwise require, with a fine of at least $300. Working with others to steal merchandise worth more than $1,000 (aggregated over a set period) for resale or fraudulent return is the separate felony of organized retail crime. Tenn. Code Ann. §§ 39-14-146(a), (c); 39-14-105(a)(1); 40-35-111(e)(1); 39-14-113 (organized retail crime, as described by the Fiscal Review Committee) |
| Texas | Texas has no separate shoplifting crime; it is charged as theft, graded by value. Theft of property worth less than $100 is a Class C misdemeanor (fine up to $500); $100 to less than $750 is a Class B misdemeanor (up to 180 days and $2,000), as is theft under $100 by someone with a prior theft conviction; $750 to less than $2,500 is a Class A misdemeanor (up to one year and $4,000). Theft of less than $2,500 becomes a state jail felony when the defendant has two or more prior theft convictions of any grade. Under the Theft Liability Act, a person who commits theft is civilly liable for actual damages plus additional damages of up to $1,000, and the winning party is awarded court costs and reasonable attorney's fees. Stealing from a merchant in concert with others is the separate offense of organized retail theft. Tex. Penal Code §§ 31.03(e)(1)-(4)(D), 31.16, 12.21-12.23; Tex. Civ. Prac. & Rem. Code § 134.005 |
| Utah | Shoplifting is called retail theft: knowingly taking or concealing store merchandise, switching price tags or containers, or under-ringing, intending not to pay. Merchandise worth less than $500 is a class B misdemeanor (up to six months and $1,000); $500 to less than $1,500 is a class A misdemeanor (up to 364 days and $2,500). It becomes a class A misdemeanor at any value with two prior theft, robbery, burglary or fraud convictions within 10 years, or if the person had a written trespass notice from that store after an earlier theft there; it is a third degree felony (up to five years) at $500 or more with two such priors (one a class A misdemeanor), or with a prior felony theft-type conviction within 10 years. An adult shoplifter is also civilly liable to the merchant for actual damages, a penalty equal to the retail price of the merchandise up to $1,000, and an additional $100 to $500 penalty plus court costs and attorney fees. Utah Code §§ 76-6-602(2)-(3); 78B-3-108(5); 76-3-204; 76-3-301 |
| Vermont | Shoplifting is retail theft: taking merchandise from a store without paying, switching price tags or containers to pay less, faking receipts or UPC labels, or possessing foil-lined bags or tag-removal tools. Merchandise worth $250 or less is punishable by up to 30 days in jail, a fine up to $500, or both. Over $250 up to $900 is up to six months and $500 for a first offense, rising for repeat offenses within two years: up to two years for a second, up to three years and $1,500 for a third, and up to 10 years and $2,500 for a fourth or later offense. Retail theft over $900 is punishable by up to 10 years and a $1,000 fine. The court may also order restitution based on retail value. 13 V.S.A. §§ 2575, 2577, 2578 |
| Virginia | Shoplifting is called concealment of merchandise in Virginia: willfully concealing or taking possession of a store's goods, altering a price tag, or moving goods to another container, intending to avoid paying full price. Concealing goods while still in the store is prima facie evidence of intent. If the goods are worth less than $1,000 it is petit larceny, a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500); $1,000 or more is grand larceny. Virginia's former rule making a third larceny offense a felony (§ 18.2-104) was repealed effective July 1, 2021. Under the civil statute, a merchant may recover two times the unpaid retail value of the merchandise (but at least $50), or liquidated damages of no more than $350 if the goods were recovered in sellable condition, plus reasonable attorney's fees and costs not exceeding $150 combined. Va. Code §§ 18.2-103, 18.2-96, 8.01-44.4; § 18.2-104 (repealed) |
| Washington | Washington has no separate basic shoplifting crime; taking store merchandise is charged as theft. Theft of property worth $750 or less is theft in the third degree, a gross misdemeanor (up to 364 days in jail and a fine up to $5,000). It becomes retail theft with special circumstances, a class C felony even at the third-degree value level, when the person leaves through an emergency exit to commit the theft, carries a tool designed to defeat store security (such as a lined bag or tag remover), or committed theft at three or more separate stores within 180 days. Under the civil shoplifting statute, an adult shoplifter owes the store its actual damages, a penalty up to the retail value of the goods (not more than $2,850), an additional penalty of $100 to $650, and reasonable attorney's fees and court costs; for a minor, the custodial parent or guardian is liable (retail value penalty up to $1,425, plus $100 to $650). RCW 9A.56.050, 9A.56.360, 4.24.230, 9A.20.021 |
| West Virginia | Shoplifting is charged under its own statute. A first offense is a misdemeanor: if the goods are worth $500 or less, a fine of up to $250; if over $500, a fine of $100 to $500 (which may not be suspended), up to 60 days in jail, or both. A second offense is a misdemeanor with higher penalties (up to 6 months in jail for $500 or less; 6 months to 1 year plus a fine of at least $500 for over $500). A third or later shoplifting offense is a felony regardless of value, punishable by 1 to 10 years in prison and a fine of $500 to $5,000. A merchant or officer who reasonably believes someone shoplifted may detain the person for investigation for up to 30 minutes. W. Va. Code §§ 61-3A-3, 61-3A-4 |
| Wisconsin | Shoplifting is called retail theft in Wisconsin: intentionally taking, concealing, keeping, transferring or altering the price of a store's merchandise without consent and intending to deprive the merchant of it or its full price (including removing security tags or using shielded bags or tag removers). Merchandise worth $500 or less is a Class A misdemeanor (up to 9 months and/or $10,000). Over $500 up to $5,000 is a Class I felony; over $5,000 up to $10,000 a Class H felony; over $10,000 a Class G felony. A person charged with misdemeanor retail theft who has one or more prior retail theft or theft convictions may be charged with a Class I felony, and $500-or-less retail theft done with others to resell online is a Class I felony. Under the civil statute, the merchant may recover the retail value (unless returned undamaged) and actual damages, plus exemplary damages up to 3 times that amount and attorney fees, but exemplary damages plus attorney fees may not exceed $500 per violation ($300 against a minor or the minor's parent). Wis. Stat. §§ 943.50(1m), (4), (4g), (4m); 943.51 |
| Wyoming | Wyoming has no separate shoplifting crime; it is charged as theft. Theft of property worth less than $1,000 is a misdemeanor punishable by up to one (1) year in jail, a fine of not more than $1,500, or both. A third or subsequent theft offense (including shoplifting, larceny or a municipal theft offense, separately brought and tried) is a felony punishable by up to ten (10) years in prison, a fine of not more than $10,000, or both, regardless of value. Under the civil shoplifting statute, a person over ten years old who steals from a store owes the merchant the return of the property or its full marked price, plus a civil penalty of twice the marked price but not less than $50 nor more than $1,000, plus reasonable attorney's fees and court costs; parents or guardians are liable for an unemancipated minor. W.S. 6-3-402(c)(iii), (j); 1-1-127 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.