Shoplifting is one of the most common crimes in the United States, and many people who commit this offense are still minors.
If you want to know how bad the punishment can be for such a crime, then you will be wondering what happens if you get caught shoplifting under 18.
Exactly what will happen to someone who is caught shoplifting while under 18 will heavily depend on the circumstances. In some cases, the individual may simply be released to their parents, but repeated or serious instances can lead to juvenile probation or placement in juvenile detention.
What Is Legally Considered To Be Shoplifting?
Before we get into what the consequences of shoplifting might be for a minor, we need to talk about what this term actually means.
Shoplifting is generally thought of as simply taking merchandise from a store without paying for it, but even just having the intent to steal that merchandise can lead to criminal charges.
Typically, this would require there to be an “act of furtherance”, which is basically an act that shows some level of intent and action towards ultimately committing the offense.
When it comes to shoplifting, this can be as simple as:
- Altering the price tag on merchandise
- Taking security tags off merchandise
- Concealing merchandise on your person
- Taking merchandise out of its packaging
If you were to move, conceal, or tamper with the item in a way that is outside of what would reasonably be expected of you as a shopper, then you can be found guilty of the crime of shoplifting without ever leaving a store.
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What Is The US Punishment For Shoplifting?
When it comes to the punishment that someone might receive for shoplifting, this is where things get a lot more complicated.
Between individual states, the laws can differ quite significantly, and the exact circumstances in which the offense took place will also greatly affect the ultimate punishment.
Generally speaking, shoplifting is considered to be a theft or larceny offense. It is usually classified as “petty theft” or “misdemeanor theft”. However, some states do consider “shoplifting” to be a separate crime in and of itself, and it often results in less harsh sentencing than other types of theft.
Many other factors will also affect the punishment that can result from this crime, such as the overall value of the items in question, whether or not it was a repeat offense, and whether the offense is considered to be part of an organized “spree” or connected to a “retail theft ring”.
In the case of a shoplifting spree, particularly when the items are intended to be resold illegally, this will usually be classified as a felony.
One of the basic penalties associated with shoplifting is civil liability. In every state in the US, the person who commits the shoplifting offense is civilly liable for monetary damages that are associated with the crime.
What Are The Legal Consequences Of Shoplifting For Juveniles?
Of course, the legal consequences of any crime can be slightly different when the offender is not considered an adult.
If a shoplifter is under 18, then there are a number of different punishments that they might face, depending on what state the crime occurs in, the magnitude of the offense, and how the store owner and court choose to proceed.
In almost all US states, the civil liabilities associated with the crime will also be the responsibility of the parent or guardian of the juvenile in question.
That means that the family will need to pay for damages, even if the individual cannot. These damages generally include:
- The total value of all items that were stolen
- The total value of all financial losses that resulted from the theft
- A civil penalty (the amount of which can vary state by state)
- The total value of the store owner’s court costs and attorneys’ fees
The reality, though, is that the penalties for shoplifting as a minor can vary significantly. The juvenile might simply receive a citation and be released to their parents, or, on the other end of the spectrum, they could find themselves spending time in a juvenile detention facility.
Here are just some of the most likely consequences that a shoplifter under the age of 18 could be facing:
Citation and Released To Parents
This is the most lenient punishment that an individual might receive for first-time offenses. In most cases that are dealt with in this way, nothing will be added to the individual’s permanent record, and it will be up to the parents to decide on any further punishment.
Paying Damages
Most shoplifting cases that go to court will result in the juvenile being ordered to pay for all damages associated with the crime.
This punishment can fall on the parents or guardians if the juvenile is unable to pay, or the juvenile can be ordered to find employment in order to pay off their debt.
On top of this, the court may add fines that need to be paid directly to the court as well.
Community Service
A slightly more serious punishment that might be delivered for a juvenile would be a certain number of hours of community service.
The service in question may be related to the offense as well. For example, it could include cleaning the streets outside the store or talking at schools about the crime.
Court Ordered Counseling
If the court deems that it could be helpful, juvenile counseling could be ordered. This may be on an individual basis, or it might be for family or group counseling.
Losing Privileges
It is also possible for the court to remove certain privileges from a juvenile as part of their punishment. A common example of this would be suspending the individual’s driving license or suspending their eligibility to apply for one.
Probation or Diversion
If the shoplifting offense is more serious, then the offender could have more serious restrictions put on them.
Probation is very common for felony shoplifting and often lasts for around six months. During that time, the individual will need to follow strict rules about where they can be and what they can do, and they will need to regularly report to their probation officer.
Violating probation will usually lead to a more significant punishment.
Diversion is a less formal version of probation. The terms are generally similar but the charge is not applied through formal court proceedings and is usually only an option if it is a first-time offense.
Juvenile Detention
For the most serious felony shoplifting offenses, the individual may be ordered to enter a detention facility, a detention program, or a boot-camp program.
Do Stores Keep Track Of Shoplifting?
In the modern world, it should come as no surprise that there are now thousands of different ways for stores to keep track of everyone who enters and leaves.
And, with shoplifting costing retailers an estimated $100 billion in lost revenue, these stores take the crime very seriously.
Loss Prevention teams at almost every major grocery chain in the country will have a central database of every individual who is caught shoplifting, and they will even keep track of individuals who have not yet been approached or charged with the offense.
Many stores will gather evidence over time before they try to press charges and, once they do accuse someone of shoplifting, they will usually ban that person for life from every one of their stores.
With face-tracking technology and cameras all over every location, it is very easy to automatically identify banned individuals and have them removed.
Summary
So, what does happen if you get caught shoplifting when you are under the age of 18? Well, that’s a very difficult question to answer.
It highly depends on the exact circumstances, where you live, and how far the shop owner is willing to go.
On the lower end of the scale, a juvenile might just receive a citation and then be released to their parents. Most of the time, they will also find themselves paying civil liabilities. For serious felony cases, however, then they could end up in a juvenile detention facility.
Reference Sources
https://www.findlaw.com/criminal/criminal-charges/shoplifting.html