All About NYC Shoplifting Laws
Shoplifting, or larceny, is laying claim to an object that you unlawfully took possession of and removing it from the premises of its owner without paying for it. By New York state law, shoplifting in all circumstances, even the least severe, is illegal. In New York City, shoplifting and stealing merchandise constitutes theft. It can be a criminal offense or civil offense and if taking the merchandise was intentional or accidental, the act is treated differently. Penal Code 155 . 25 defines petty larceny as stealing an object worth $1,000 or less. If convicted, you could be sent to jail for up to one year, or face a fine of up to $1,000. However, you should expect to pay restitution of triple the amount of what the value of the stolen good amount is. There are two other forms of theft or larceny: Petty larceny and Grand larceny. Petty larceny is for goods up to $1,000, grand larceny amounts between $1,000 and $1 million, and the third degree includes anything over $1 million.
The Law in NYC for Shoplifting and Legal Consequences
Those caught attempting to steal face criminal charges ranging from misdemeanors to felonies, and if convicted, this has substantial consequences. These cases are prosecuted in either New York City Criminal Court or New York State Supreme Court, depending on the value of the alleged stolen property. Even the lowest-level crime, attempted petit larceny, is serious.
Felony shoplifting laws in New York
Where the value of the goods that are alleged to have been stolen is more than $1,000, prosecutors will bring felony charges. In the most serious felony shoplifting matters (first-degree grand larceny), the alleged value of the property pushed up against the defendant will be approximately $1 million, and if he or she is convicted the potential penalty is 8-25 years in state prison. Second-degree grand larceny is a "non-violent" felony with a penalty of 2-7 years in state prison. This charge generally applies for when the damage is $50,000 or more but less than $1 million. An example of when an individual is charged with a second-degree felony who was found holding a jewelry display case at a store that holds expensive items with an estimated value of $75,000. Third-degree grand larceny is also a "non-violent" felony with a penalty of 2-7 years in state prison. The dollar amounts associated with this crime apply where the alleged value of the property is less than $50,000 but more than $3,000. An example of when an individual in possession of numerous high-end handbags in a shopping bag at a store that sells luxury and designer handbags allegedly valued at $27,000 at a minimum. Fourth-degree grand larceny is a misdemeanor with a potential sentence of a year in jail. This charge applies for cases where the value of the property allegedly taken is worth $1,000 or more but less than $3,000. An example of when an individual is charged with a misdemeanor is found holding a cell phone in a purse at a store that sells smartphones and accessories and the officer later ascertains that the phone was worth $1,000.
The exception
That said, the courts tend to confer discretion under certain circumstances on the shops, stores, and businesses. Their reaction to an attempted theft by a customer can vary. This is also affected by the cost and value of what is lost at the time. In NY, the police can and will arrest offenders where the value of what is stolen is determined to be at least $1,000. On the other hand, if the value of what is stolen is lower, then often the company will choose to simply recover the loss via civil proceedings against the offender rather than have him or her arrested and criminally prosecuted. If caught shoplifting, you may be told to pay the store or mall for its loss (or attempt to take a deal from mall security) or face being arrested. It is important to remember that shops often don’t want to pursue you legally. They are aware that if they pursue criminal charges then the punishment is generally a non-custodial fine at the end of the court process. The store would also likely have to call the police who will arrest you which is something not all stores want to deal with. All of this could mean that if you are polite, cooperative, and agree to pay restitution, you may be let go. This will vary by store. Not all stores have the same security policies. If you are facing NY shoplifting charges then you should retain experienced criminal defense counsel. Our attorneys have handled thousands of cases in NYC. They have also clerked for various judges throughout NYC and upstate New York. Moreover, our attorneys have worked in the Manhattan District Attorney’s Office and as special prosecutors for the City of New York. Our attorneys have experience representing clients in misdemeanor and felony courts throughout the City of New York.
Petty Larceny vs. Shoplifting
While both shoplifting and petty larceny involve theft, they have some key differences under New York law. Shoplifting is a type of theft defined as taking items from a store with the intent to permanently deprive the store of the items. Shoplifting charges vary in severity depending on the value of the stolen goods. New York law includes the following shoplifting-related offenses:
While the actions taken in each of the four offenses are the same, the penalties can be significantly different depending on the value of the property stolen. Unlike shoplifting, petty larceny simply refers to the unlawful taking of another person’s property. Petty larceny can occur inside or outside a store—a person does not need to be shoplifting for the offense to exist. Petty larceny is a class A misdemeanor, meaning that a person convicted of the charge could face:
While the roots of petty larceny and shoplifting are similar, their criminal effects and charges are very different.
The Civil Recovery for Shoplifting
Civil Loss Recovery for "Shoplifting" Under NYC Law
Beyond criminal prosecution and the potential for incarceration, victims of "shoplifting" may find some civil relief against those suspected o shopping a offense. In fact, many stores often hire professional "lost prevention agents," whose sole job is to stop "shoplifting" before the act is committed, or in some cases immediately after. When caught, many suspects are often told by the loss prevention agent to pay some amount of cash "on the spot" as a condition of being released at the front door. Understand that warrants can issued to obtain these funds if the suspected perpetrator elects to deny any wrongdoing, or leave in an attempt to not pay. More on that below.
However, money in hand – even if voluntarily paid – money is rarely sufficient for the store holding allegations. Thus, victimize often turn to civil courts to recover lost, stolen, or damaged property. Civil suits can be initiated at the New York City Civil Court – which resolves claims of up to 25,000.00, or New York State Supreme Court (which also hears auto accident lawsuits, medical malpractice cases, and any other civil case with a higher damage amount).
The basic premise of a civil suit for shoplifting is that the store was financially damaged, and seeks money damages against the suspect accordingly. Keep in mind that even if the suspect in a shoplifting case has already been criminally prosecuted, the civil suit can go forward. This is because there is no double jeopardy applicable (i.e. being tried for the same crime twice) between civil and criminal matters.
Once money is paid, the store then sells sought property, and keeps any proceeds from the sale. In some cases, civil suits are brought directly against the suspected perpetrator, in others the suit is brought against entities (such as online websites, or underground dealers of items like stolen gold etc.).
In a civil shoplifting case, the standard for liability is decided by a "preponderance of the evidence." In other words, did the defendant (i.e. suspected shoplifter) more likely than not commit an act of theft or criminal possession of stolen property.
Shoplifting and Legal Defenses
For those facing shoplifting charges in New York City, there are several defenses that may be raised to argue against the allegations. These may be best handled at trial after careful planning and analysis of the circumstances surrounding the incident. Some examples include the following:
- No Intent. In order for there to be a crime of shoplifting in NYC, there must be intent to commit theft. Thus, if an individual believes that something does not belong to his/her possession, or has a reasonable mistake of ownership, if committed without force, fear or pressure for more than a brief period, there is no intent to steal.
- Lack of Possession. If the alleged property does not ever fall into the possessor’s control (~ no reasonable means of possession), then there can be no theft of that property. This defense is sometimes raised connected to lack of knowledge or awareness of the property’s identity (i.e., mistaken ID) or that it belonged to the alleged victim.
- Consent. If the storeholder had consented to a transfer of possession to the alleged victim, this would defeat the crime of theft.
- Entrapment. The person committing an alleged criminal act is lured by an operative of storeowner not to commit a theft or conversion, or the person is coerced or persuaded by an operative of the store owner, thus raising entrapment by coercion.
- Mistake. If the alleged victim believes what was taken belonged to him/her, or to be in good faith for the store’s own interest and to fix a possible wrong, the alleged actions constitute larceny.
- Additional Justification. There are certain scenarios, like where a good faith mistake occurs, where there may be an additional defense – even if the above defenses do not apply. Sometimes, the consent of the person may relate only to part of double theft property; here, the remaining property would still be protected by the law.
Long-Term Effects on Criminal Record and Civil Matters
"Shoplifting Convictions can be Expunged and Sealed, but Not Automatically"
Even if they manage to avoid the criminal consequences of a shoplifting allegation, people who are convicted of theft bets carry a permanent mark on their criminal record that could limit employment opportunities . New York State law provides for a strategic forfeiture of rights procedure that allows for the cooperation agreement to be terminated, and the record of arrest to be sealed. The sealing of the shoplifting conviction record has been debated in tough economic times because of its effect on those seeking to join the police force and military service.
Recent NYC Shoplifting Law Changes
Over the past years, no substantial changes have been made in legislation, leading to a few differences for first-time offenders and for repeat offenders. A major addition that has come along in the past few years is shoplifting with accomplices and/or in an organized setting. If an individual suspects that there may be an accomplice to the theft, they may indeed call the police or may fill out a report and submit the information later. In this case, however, the theft may indeed be viewed more seriously by the court. This law is specific to New York City only. The law changes in this area are not particularly new; but are especially important if you are an owner of a store in New York City. Among the better known (and rather heatedly debated) recent changes in the legal language is the allowance for only theft of property valued below one thousand dollars. There are a few exceptions to this particular addition to New York City law that you may wish to be aware of.
Programs and Resources to Help Prevent Shoplifting
To combat the significant toll shoplifting takes, a variety of programs and initiatives have been put into place. For retailers, programs such as The Retail Council of New York State’s Loss Prevention Conference and National Association of Shoplifting Prevention Retail Partnership Program offer platforms for information-sharing and networking among loss prevention professionals. This can help retailers stay ahead of emerging shoplifting trends and tactics, while also connecting them with the right resources when shoplifting does occur.
But the need for shoplifting prevention programs is greater than ever among potential offenders. The National Association for Shoplifting Prevention, along with retailers nationwide, offers the Shoplifting Prevention & Criminal Justice Program (SPCJ), which sends trained professionals into communities to educate parent groups, children and teenagers on the consequences of shoplifting. The program calls for both store and community involvement, encouraging parents, schools, lawmakers, civic organizations and others to participate through a combination of informational meetings, school presentations and training sessions.
While these programs are valuable for a range of individuals, responsible and affordable insurance coverage also plays a role when it comes to losses and liabilities. In addition to covering your business’ assets and broadening its security net, comprehensive insurance for loss from theft, burglaries and other crime-related incidents may provide your establishment with the peace of mind to properly protect itself should a criminal incident occur.
Understanding the different types of shoplifting prevention programs available can help retailers and potential offenders alike avoid the damage associated with shoplifting.
Conclusion: Navigating NYC Shoplifting Laws
In conclusion, this article has hopefully provided you with a comprehensive look at the current shoplifting laws in New York City. From an overview of the law to the various categories of misdemeanors, defenses to charges, penalties and more, there was much to take into consideration. As compactly as possible, we attempted to explain how the law works and your rights when accused of a crime related to shoplifting.
The most important items to remember are about how the law works: if you are believed to have stolen merchandise from a store, mall or other retail establishment, you are going to be charged with a crime. The crime will be a misdemeanor, with the possibility of it being enhanced to a felony based on the value of the merchandise you allegedly stole. To ensure you have the most favorable outcome , it is suggested that you seek the services of a criminal defense lawyer immediately upon being accused of, or having been caught committing, theft and shoplifting.
To avoid a criminal record, it is usually best to abide by the law to the letter. According to NY Criminal Statutes, if you have never been charged with a crime before, there is a possibility that you could qualify for a program in which charges are dismissed after the completion of certain conditions such as maintaining a clean criminal record. First-time offenders should always be aware that leniency may play a large role in determining the outcome of their case and act accordingly.
Regardless of your situation, you cannot go wrong by seeking the services of an experienced, competent criminal defense lawyer.