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can you be arrested for shoplifting if you dont leave ...

Resolved Question:

can you be arrested for shoplifting if you don''t leave the store or pass the front registers
Submitted: 6 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 6 years ago.

The Ohio law for theft, reads as follows:

2913.02 Theft.

(A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:

(1) Without the consent of the owner or person authorized to give consent;

(2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;

(3) By deception;

(4) By threat;

(5) By intimidation.

(B)(1) Whoever violates this section is guilty of theft.

(2) Except as otherwise provided in this division or division (B)(3), (4), (5), (6), (7), or (8) of this section, a violation of this section is petty theft, a misdemeanor of the first degree. If the value of the property or services stolen is five hundred dollars or more and is less than five thousand dollars or if the property stolen is any of the property listed in section 2913.71 of the Revised Code, a violation of this section is theft, a felony of the fifth degree. If the value of the property or services stolen is five thousand dollars or more and is less than one hundred thousand dollars, a violation of this section is grand theft, a felony of the fourth degree. If the value of the property or services stolen is one hundred thousand dollars or more and is less than five hundred thousand dollars, a violation of this section is aggravated theft, a felony of the third degree. If the value of the property or services is five hundred thousand dollars or more and is less than one million dollars, a violation of this section is aggravated theft, a felony of the second degree. If the value of the property or services stolen is one million dollars or more, a violation of this section is aggravated theft of one million dollars or more, a felony of the first degree.

The store would have to prove a person intended to deprive them of the merchandise. Depending on where the item is, when a person is stopped by the store employee, would give some indication of the defendants intent. It helps the store owners case when a person exits the store or register, because it shows an intent to deprive the store of its merchandise. If the store stops a person inside the store, the argument could be made they were holding the item in a certain place, until they got to the register.

Customer: replied 6 years ago.
my son was stopped in the store he was not yet exiting the store, yes he did open the item and had thought about stealing it but changed his mind when people were approaching him. Is this still a chargable offense since he did not exit the store.
Expert:  CrimDefense replied 6 years ago.
It is a chargeable offense but the strength of the case, will depend on the facts. The State may prosecute the charge is hopes that your son resolves his case without going to trial. However, if an attorney works the case and looks for possible defenses, the State may back down and not go froward at trial, the end.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 17034
Experience: 8+ years defending Misdemeanor and Felony cases.
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