Mississippi Criminal and Family Law BlogShoplifting remains one of the most frequent crimes committed by adults and juveniles in our country, according to the National Association for Shoplifting Prevention. In fact, approximately 1 in 11 Americans shoplift, and those individuals report that on average, they are caught only once for every 49 times they steal. Shoplifting is most commonly associated with younger teens who are perhaps in their rebellious years, but it can continue into adulthood. For example, many adult shoplifters report that their habit of shoplifting began when they were children, as it can be chronic and addictive.
Additionally, there were more than 548,000 shoplifting cases in 2021, a noticeable decrease from the 835,000 shoplifting cases in 2020, according to the FBI crime data report. Importantly, these are only representative of individuals who are caught shoplifting, and then subsequently turned in – meaning the numbers could potentially be much higher.
How Does Mississippi Define Shoplifting?
Under Mississippi law, any person who willfully and unlawfully takes possession of any merchandise that is owned, held by, and offered or displayed for sale by any merchant, store, or other mercantile establishment with the intention of converting such merchandise to his or her own use without paying the merchant’s stated price is considered to be guilty of the crime of shoplifting.
Notably, the crime of shoplifting requires that an individual intends to convert the merchandise without paying the merchant’s stated price. This defense of “no intent” may be overcome by law enforcement when any person, alone or with another person, willfully:
- Conceals the unpurchased merchandise
- Removes or causes the removal of unpurchased merchandise from a store or other mercantile establishment
- Alters, transfers or removes any price-marking, any other marking which helps in determining value affixed to the unpurchased merchandise, or any tag or device used in electronic surveillance of unpurchased merchandise
- Transfers the unpurchased merchandise from one container to another; or
- Causes the cash register or other sales recording device to reflect less than the merchant’s stated price for the unpurchased merchandise.
What Happens if Convicted of Shoplifting?
If convicted of shoplifting merchandise less than or equal to $1,000, the individual is considered to be guilty of a misdemeanor and can face a fine of up to $1,000, up to six (6) months in jail, or both.
Conversely, if convicted of shoplifting merchandise more than $1,000, the individual is considered to be guilty of a felony and is then punished for the offense of grand larceny. If convicted of grand larceny, an individual can face up to five (5) years in prison, a $10,000 fine, or both. Even misdemeanor shoplifting can be charged as a felony on the third arrest.
Finding an Attorney
If you have been searching the Mississippi area for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous offenders pursue favorable outcomes. Although being accused of a crime like shoplifting is not a pleasant experience, there are many potential defense strategies that can be used to defend and reduce the charges against an offender. Call/contact us today for your free consultation to learn more.
Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com. Our email address is mississippi-lawyers.com and our office phone number is (601) 948 – 4444 option 1.