Shoplifting charge

[artianunkyoni]

Tempe Arizona
I have heard that shoplifting is now a burglary charge. Can shoplifting a pack of cigarettes from a Circle K (convienence market) get a charge of "BURGLARY TOOLS POSSESSION"?
Due to the "TOOLS POSSESSION" part of the crime description, I am wondering if the crime may have actually been breaking into something such as a car or a shed, maybe a home.

 

[Isis1]

Was the cicke k closed during the robbery? Were you carrying implements that are known to assist breaking in? Such as a hammer? Screw driver? Lock picking kit?

 

[FlyingRon]

I assume if you have something to assist in the shoplifting it could fall into that category. Yes, they can charge shoplifting as burglary in AZ. You enter a building unlawfully with intent to steal meets the definition of the statute. The ninth circuit has ruled that the burglary statute is not unconstitutionally vague and can be applied to shoplifting if the circumstances are met.