Shoplifting in Vermont is a crime with serious penalties, including potential fines and jail time. In addition to facing criminal penalties, shoplifters can be sued by merchants in civil court to recover damages.
Vermont Shoplifting Laws
Shoplifting, referred to as retail theft, is broadly defined in Vermont (13 V.S.A. § 2575). Retail theft includes actions such as taking merchandise without paying, removing or altering price tags, moving items from one container to another, and possessing tools used to remove theft detection devices, with the intent of depriving a merchant of merchandise, money, or credit.
Merchants are permitted to detain individuals reasonably suspected of shoplifting, for a period of time necessary to obtain information about their identity, find out if they have stolen merchandise, contact law enforcement, or contact the parents or guardians of minors. Criminal and civil penalties for shoplifting are described below.
Vermont Shoplifting Criminal Penalties
|
Charge |
Classification |
Penalty |
|
Theft of merchandise up to $900 |
Retail theft of merchandise § 2577(a) |
Up to six months of jail time and/or a fine up to $500 |
|
Theft of merchandise valued above $900 |
Retail theft of merchandise § 2577(b) |
Up to 10 years of jail time and/or a fine of up to $1,000 |
|
Altering, transferring, counterfeiting, reproducing a sales receipt or UPC label, possessing such a receipt or UPC label |
Retail theft of merchandise § 2577(c)(1) |
Up to two years of jail time and/or a fine of up to $1,000 |
|
Possession of greater than 15 altered UPC labels or receipts; possession of a device designed to alter UPC or reproduce labels; manufacture, sale or possession of bags designed to interfere with theft detectors; and/or manufacture, sale or possession of items intended to remove theft detection devices |
Retail theft of merchandise § 2577(c)(2) |
Up to ten years of jail time and/or a fine up to $5,000 |
Civil Liability
Merchants can sue shoplifters who are at least 16 years old, or who are emancipated minors, in civil court. The merchants are entitled to damages equal to the retail price of the merchandise if not returned in sellable condition, plus a penalty equal to twice the retail price (with a minimum of $25 and a maximum of $300).
Court Diversion Programs and Plea Bargaining
Certain juvenile and adult individuals accused of crimes can participate in court diversion programs as an alternative to prosecution. Adults charged with a first or second misdemeanor, or a first nonviolent felony, may be eligible. Upon completing the diversion program requirements, which could include a probationary period, restitution, and counseling, the criminal charges against the will be dropped.
If diversion is not available, the accused may be able to negotiate a plea bargain with the prosecutor assigned to the case. Plea bargains typically involve pleading guilty in exchange for reduced charges or reduced sentencing.
Learn more about diversion and pretrial options.
Getting Legal Help
If you have been accused of shoplifting in Vermont, it is imperative that you consult with an experienced criminal law attorney as soon as possible. Your attorney will assist you in exploring your options, such as pursuing a court diversion program, raising defenses, or negotiating a plea bargain, in order to minimize the consequences of a shoplifting charge.
