• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Shoplifting

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

Sarah456654

Junior Member
What is the name of your state (only U.S. law)? Illinois

Ok I was wondering something. If someone were to shoplift but then come back and pay for the items shop lifted will they still get in trouble? Also if a customer saw you do this, approached you, followed you out of the store and got your license plate number can they still get you in trouble even though you already went back and paid for the items?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Illinois

Ok I was wondering something. If someone were to shoplift but then come back and pay for the items shop lifted will they still get in trouble? Also if a customer saw you do this, approached you, followed you out of the store and got your license plate number can they still get you in trouble even though you already went back and paid for the items?
Let's restructure the scenario a bit and I think you'll see the answer:

Ok, I was wondering something. If someone were to rob a bank but then come back and pay back the money they stole, can they still get in trouble? Also, if a customer saw you do this, approached you, followed you out of the bank and got your license plate number can they still get you in trouble even though you already went back and paid the money back?

 

Sarah456654

Junior Member
Robbing a bank and shoplifting are not necessarily in the same category. Robbing a bank includes using excessive force to get what you want(money) shoplifting is a bit less severe than robbing a bank. It is still in both aspects theft but I am asking this question because some stores give you the option to come back and pay for the items taken.
 

Zigner

Senior Member, Non-Attorney
Robbing a bank and shoplifting are not necessarily in the same category. Robbing a bank includes using excessive force to get what you want(money) shoplifting is a bit less severe than robbing a bank. It is still in both aspects theft but I am asking this question because some stores give you the option to come back and pay for the items taken.
Are you seriously asking us to guess an answer to your hypothetical question based on the internal policies of some random stores in IL?
 

Sarah456654

Junior Member
No, sir. I am asking to get feedback from people on what they think or may know about situations where somebody has shoplifted, but has came back to pay.
 

Zigner

Senior Member, Non-Attorney
No, sir. I am asking to get feedback from people on what they think or may know about situations where somebody has shoplifted, but has came back to pay.
What do you want to know? Your question above was whether or not they can still get "in trouble". The answer is yes, they can still get in trouble. A repentant thief is still a thief.
 

Sarah456654

Junior Member
Very true.
This is kind of and iffy question. So catching a shoplifter is to prevent merchandise loss and to hopefully scare the shoplifter enough to not steal again. If you come back and pay for the merchandise stolen there is technically no loss. Do you believe that would be enough to let the person off?
 

Zigner

Senior Member, Non-Attorney
Very true.
This is kind of and iffy question. So catching a shoplifter is to prevent merchandise loss and to hopefully scare the shoplifter enough to not steal again. If you come back and pay for the merchandise stolen there is technically no loss. Do you believe that would be enough to let the person off?
No, because that's not the only reason to punish a shoplifter. A shoplifter needs to be punished so that other shoplifters are deterred. Additionally, the costs of shoplifting go far beyond the cost of the merchandise that is stolen.

With this post, I am done. You've got plenty of information for your homework, project, whatever.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Illinois

Ok I was wondering something. If someone were to shoplift but then come back and pay for the items shop lifted will they still get in trouble? Also if a customer saw you do this, approached you, followed you out of the store and got your license plate number can they still get you in trouble even though you already went back and paid for the items?
I agree with Zigner. Even if you return the items you stole and pay for those items, you can be both charged criminally with theft (depending on value of items, shoplifting can be charged as a misdemeanor or a felony) and the shop owner can file a civil action against you (and recover not only the cost of the item but fines of between $100 to $1000 plus attorney fees).

Here is a link to Illinois shoplifting laws: http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-25

Bottom line: Yes, you can get into trouble for shoplifting. It is a crime. So don't shoplift.
 
Last edited:

HighwayMan

Super Secret Senior Member
Robbing a bank includes using excessive force to get what you want...
You are absolutely mistaken there.

When you have a real incident you need advice on then you can ask, otherwise we prefer not to get involved in homework assignments or hypothetical situations.
 

tranquility

Senior Member
While the crime occurs at the moment of taking, the argument would be that by paying for it the person did not intend to permanently deprive.
 

Zigner

Senior Member, Non-Attorney
While the crime occurs at the moment of taking, the argument would be that by paying for it the person did not intend to permanently deprive.
No, I disagree. The thief DID intend to permanently deprive, but later changed his/her mind.
 

tranquility

Senior Member
No, I disagree. The thief DID intend to permanently deprive, but later changed his/her mind.
You know this how?

All the rules and guidelines as to how to infer intent (Since we don't have a mind reading machine--yet.) are designed to determine what the person intended. In some cases, all that is required is the person conceals the item while in the store. Others have to have the item get past the cash registers without having been paid for. Still others, it requires an exit from the store. It all depends on what a jury would decide the person's intent was. I know one thing for sure, YOU don't know it any more than I do. Especially in a hypothetical question.
 

Zigner

Senior Member, Non-Attorney
You know this how?

All the rules and guidelines as to how to infer intent (Since we don't have a mind reading machine--yet.) are designed to determine what the person intended. In some cases, all that is required is the person conceals the item while in the store. Others have to have the item get past the cash registers without having been paid for. Still others, it requires an exit from the store. It all depends on what a jury would decide the person's intent was. I know one thing for sure, YOU don't know it any more than I do. Especially in a hypothetical question.
Sure I do. Leaving the store: Intent to deprive. Returning to the store: Remorse.

I guess you don't want me on a jury, huh?

What makes you think that one must only intend to permanently deprive the other of the use of the object in order for shoplifting to have occurred? There is another option there...
 

tranquility

Senior Member
Sure I do. Leaving the store: Intent to deprive. Returning to the store: Remorse.

I guess you don't want me on a jury, huh?

What makes you think that one must only intend to permanently deprive the other of the use of the object in order for shoplifting to have occurred? There is another option there...
Say I want to buy a beer from a barkeep, but he has gone to bed and refuses to get up and serve it to me. I grab a beer and down it anyway and return the next day to pay the barkeep. Theft?

Say I'm driving my horse team down the road and stop to get them some oats from a farmer's field with the intent to pay the farmer. Instead the team gets skittish and I leave without paying. Theft?

Say I unreasonably believed you borrowed my VCR without telling me and I wanted it back. So I go break and enter into your house in the nighttime and take what I unreasonably but actually believed was my VCR (It was actually yours. It wasn't even the right brand.) off your TV. While removing the plug, unbeknownst to me, a spark went into the carpet. After I left, a conflagration occurred, killing you and yours. Theft? Burglary? Felony Murder?
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top