Shoplifting is a crime that retail giants are seemingly very concerned about but how far are they willing to go to punish the offenders that they catch?
Do supermarkets prosecute shoplifters? Yes, most major supermarkets are willing to prosecute shoplifters if they are able to gather enough evidence through cameras, anti-theft technology, and Loss Prevention staff. With that being said, an arrest and conviction are not always inevitable.
Read on to find out more about how supermarkets tend to respond to shoplifters, and the likelihood that offenders will actually be prosecuted by the law.
What Counts As Shoplifting?
The first thing to understand about how stores deal with shoplifting is how the offense is legally classified.
Shoplifting is generally thought of as the act of taking merchandise from a retail location without paying for it first, but there is a little more nuance to be aware of as well. Someone can actually be considered guilty of shoplifting if they demonstrate intent to commit the crime, even if they do not follow through.
That means you can be caught shoplifting before you even leave the store, as long as it can be proved that you have somehow attempted to conceal or alter an item in order to leave without paying for it.
This is known as “furtherance”. Furtherance for the crime of shoplifting could include:
- Taking theft-prevention devices, such as security tags, off items
- Making alterations to a price tag
- Concealing an item in any way
- Taking the packaging off an item to conceal it
Can You Be Arrested For Shoplifting?
So, how is shoplifting viewed under the law? Can you be arrested for it? The short answer is definitely yes.
Most states classify shoplifting as the crime of misdemeanor/petty theft or larceny. However, some states do differentiate between “shoplifting” and general theft, with the punishment usually being lesser than other types of stealing.
In every state, shoplifting is certainly a criminal offense and you can be arrested, charged, and convicted, leading to a punishment under the law and the crime potentially appearing on your permanent record.
The more serious the offense is, the more serious the conviction can be. Multiple instances of shoplifting can be considered retail fraud or part of an organized criminal ring, especially if there is any evidence that the items are going to be illegally resold. These are typically charged as felony crimes.
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Will You Be Arrested For Shoplifting?
The next thing to consider, then, is how likely it is that an arrest will happen. Most supermarkets claim that they will seek conviction for any and all offenders who shoplift from their stores, but the reality is a bit more complicated.
First, supermarkets need to gather enough evidence to prove that the crime was committed, or intended to be committed.
Unless they are relatively sure that they will prove this in court then they are unlikely to move forward with any kind of prosecution.
It’s worth noting that, in recent years, the ability of retail establishments to gather evidence of this kind has certainly increased.
Most major stores utilize a number of different strategies to track, record, and catch potential shoplifters, including:
- High-resolution cameras. Almost every supermarket that you enter now has a complex and carefully monitored CCTV system that can be used to observe potential shoplifters and record any relevant evidence.
- AI-based facial recognition software. Alongside these cameras, facial recognition allows stores to identify individuals, particularly those who they might be tracking in their own systems, without needing to manually check each person. Not every supermarket is currently using this kind of software, but it is becoming increasingly common.
- Anti-theft technology. There are all kinds of new ant-theft technologies that are making it easier for stores to keep track of possible shoplifters. For example, Walmart has a “Missed Scan Detection” system that uses cameras within their self-checkout machines to track whether the items being scanned match those that end up in the basket and automatically notifies an employee if anything seems suspicious.
- Loss Prevention staff. Supermarkets are putting more and more money into the staff that they employ solely to reduce what they call “shrinkage”, which is the industry term for money lost due to things like theft and fraud. These employees are typically known as Loss Prevention teams and they are often roaming stores in plain clothes to catch shoplifters unawares.
Many supermarkets, particularly larger retail chains, won’t actually approach someone that they believe to be shoplifting straight away.
Instead, they will wait until they are more certain that they have direct proof of the offense so that they are more confident that they can prosecute the crime.
This can mean that they will allow someone to return to the same store multiple times before they ultimately confront them.
What Is Likely To Happen When You Are Caught Shoplifting?
So, if you were to be caught committing the offense, what is actually likely to happen? While retailers would like you to believe that you are always going to end up in jail, that is definitely not always the case.
There are a wide variety of possible consequences that can happen, especially depending on the state that you live in and the severity of the offense.
In general, one of the following is probable:
1. You Could Be Banned From The Store
In almost every case, you will be given a lifetime ban from the supermarket, and any other store that they own, for shoplifting.
These bans are completely at the discretion of the company, so they do not need to prove that you did anything wrong to enforce this.
Most major chains are pretty liberal when they dole out these kinds of bans, and they have the technology and staff to keep a relatively close eye on anyone that is trying to violate one.
2. The Police May Be Called
If they have enough evidence and deem that the offense is egregious enough to warrant it, then the store is likely to call the police. In fact, many supermarkets will call the police before they even approach you themselves, so this might be the first thing that happens.
3. You May Be Issued A Fine or A Ticket
If the police are called, then you will likely find yourself with either a fine or a ticket. The exact process does vary state by state but, generally speaking, you may be able to pay off a fine without appearing in court but you will need to have a court date if you receive a ticket. Both a fine and a ticket can be recorded on your permanent record.
4. You May Need To Appear In Court
If you are arrested by the police and charged with a crime, then you will need to go to court. If you are found guilty then you can find yourself facing all manner of different punishments. Some of the most common include:
- Paying fines, damages, and civil liabilities
- Attending community service
- Going on probation
- Jail time
Summary
Supermarkets can actually try and get shoplifters arrested? The more evidence that they gather the more likely they are to push for a conviction.
Shoplifting is a crime and can result in paying fines, attending community service, going on probation, or even spending significant time in jail.
Whether or not this is going to happen is often up to individual supermarkets to decide but major chains are becoming increasingly harsh in their efforts to crack down on potential offenders.
Reference Sources
https://www.themarshallproject.org/2023/02/27/shoplifting-retail-theft-lawmakers-response
https://www.mirror.co.uk/news/us-news/walmart-issues-warning-over-self-29885059