Accidental Theft- Walking Out 2

[dw1995]

What is the name of your state (only U.S. law)? Ohio

Say a woman is grocery shopping at Meijer and gets cold, so she goes to the clothing department and puts on a $25 sweatshirt intending to borrow it. She checks out about $200 worth of groceries and walks to the parking lot. A security guard follows her out and makes her aware of the situation. She apologizes and gives the item back. He takes her back into the store and charges her with theft. Who is likely to win in court and why? Criminal side specifically.

 

[eerelations]

She will lose. Only a dope (and I'm assuming the judge in this case is not a dope) would believe this woman's story.

 

[FlyingRon]

What makes her think you're allowed to "borrow" mechandise?
Even if I believe her story, she's guilty.

 

[Zigner]

Modern Family, season 4, episode 9.

(Too bad you didn't have a pregnant woman with you so she could fake labor pains.)

 

[quincy]

What is the name of your state (only U.S. law)? Ohio

Say a woman is grocery shopping at Meijer and gets cold, so she goes to the clothing department and puts on a $25 sweatshirt intending to borrow it. She checks out about $200 worth of groceries and walks to the parking lot. A security guard follows her out and makes her aware of the situation. She apologizes and gives the item back. He takes her back into the store and charges her with theft. Who is likely to win in court and why? Criminal side specifically.

Here is a link to the law under which the woman will be/has been charged, with theft of items under $1000 being a first degree misdemeanor:

ORC 2913.02 Theft: http://codes.ohio.gov/orc/2913.02

What a prosecutor needs to prove to support the charge is to show the court that property belonging to another (Meijer's) was taken without consent of the owner with the intent to permanently deprive the owner of the property (removed from the store without paying for it). The "intent to deprive" element is one that often forms the basis of a defense to the crime (unless there is some question as to ownership, which is not the case here).

The chances of the woman winning in court seem slim at best - although if this is her first offense, she may be eligible for a diversion program.

 

[NellieBly]

Gee whiz, if I wanted to buy a used sweatshirt I would go to Goodwill and get one cheaper.

 

[Dandy Don]

What makes you OR HER think that she had the right to "borrow" clothing that she had not paid for???????? How old is the lady and is there a question about her mental competence?

 

[dw1995]

This was all purely hypothetical. As someone pointed out, it was in an episode of Modern Family. I was just curious. Thanks for the replies though!

 

[HighwayMan]

Homework. Thanks for wasting everyone's time.

 

[Zigner]

This was all purely hypothetical. As someone pointed out, it was in an episode of Modern Family. I was just curious. Thanks for the replies though!

 

[NellieBly]

This was all purely hypothetical. As someone pointed out, it was in an episode of Modern Family. I was just curious. Thanks for the replies though!

Why not use your time for intellectual pursuits rather than mindless sitcoms?

Just askin'

 

[Just Blue]

Gee whiz, if I wanted to buy a used sweatshirt I would go to Goodwill and get one cheaper.

Ewwwwwwwwwwwwwwwwwwwwwww

I actually got a REALLY REALLY nice table from Goodwill. But I would never get cloth. There might be bodily fluid "issues". TIJMPOV.

 

[I'mTheFather]

Really? Clothing can be washed. Sometimes furniture comes with critters that can be very damaging and are difficult to eradicate. Just saying'...

 

[Just Blue]

Really? Clothing can be washed. Sometimes furniture comes with critters that can be very damaging and are difficult to eradicate. Just saying'...

WOOD. WOOD Furniture.

 

[I'mTheFather]

WOOD. WOOD Furniture.

Termites and roach eggs...

It's a possibility, and does happen, but I'm glad your table worked out for you.