Shoplifting is the act of stealing or intentionally paying less than the ticketed amount for products in a store. Nationally, shoplifting has a huge economic impact; more than $35 million worth of goods are stolen from U.S. retailers every day, according to the nonprofit National Association for Shoplifting Prevention (NASP).
NASP also estimates that about 25% of shoplifters are kids under 18, and that 89% of kids say they know other kids who shoplift. Of adult shoplifters, 55% say they first shoplifted when they were teenagers.
Shoplifting Arrests
Store security guards aren’t allowed to detail anyone, adult or minor, without probable cause to think that they have stolen something. That means the store employees shouldn’t stop anyone unless they see a shopper pick up merchandise and leave the store without paying for it. Just heading toward the door isn’t enough.
Many young shoplifters are let go with a warning or turned over to their parents by the store owners or employees who caught them. Experts say many kids don’t plan to shoplift, but do so impulsively. If store policy allows it, a security guard may simply send home a kid who appears to be a shaken and scared first-time offender.
Penalties for Minors Who Shoplift
Shoplifting is generally a misdemeanor, at least for first-time offenders. Habitual shoplifters, or someone who steals goods worth a large amount of money, may be charged with a felony. It would be extremely rare for a juvenile to be charged as an adult for shoplifting.
Instead, children under 18, if they are arrested for shoplifting, are sent to juvenile court. Juvenile court judges have considerable freedom to take into account the circumstances of the offense and of the child’s life situation when deciding on an appropriate penalty. The primary goal of juvenile court is rehabilitation—trying to steer kids back to the right path—rather than punishment.
Especially if the teen doesn’t have any prior criminal offenses, a judge may merely issue a stern warning to the young offender. The child may also be told to stay away from the store where the theft occurred.
A judge might also direct a teen to an educational program that has been designed to deter future shoplifting. For example, NASP offers an online program that teaches kids about the societal effects of shoplifting as well and the personal consequences to shoplifters who get caught. It addresses the psychological motivations for shoplifting and shows how kids can avoid situations and pressures that might lead to future shoplifting.
A juvenile court judge might also order:
- Restitution of the amount stolen
- Counseling
- Community service
- Probation
- Fines, with the amount depending of the value of the merchandise taken
- Detention
When the child is an adult, it may be possible to get the juvenile court record sealed (expunged). The requirements for expungement vary greatly from state to state, but generally, minor offenses like shoplifting are good candidates for expungement.
If your child must appear in juvenile court after being accused of shoplifting, a lawyer who is familiar with the juvenile justice system can help you negotiate an appropriate result for your child.
