Is it considered shoplifting if you never leave the store?

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Is it considered shoplifting if you never leave the store?

A juvenile was with friends and a friend placed 2 wallets in her purse. The friend actually had the bag until they reached the front door and then handed the bag to the juvenile girl in question. Before leaving, the clerk asked “where is that wallet?” and the juvenile girl in question handed both wallets over. The police were called, questioned the girls in the back room and then took the juvenile girl into custody.

Asked on January 8, 2012 under Criminal Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Technically if the wallets were placed in the purse of one of the friends and the person holding the purse never left the store with the wallets in the purse, I see no actual shoplifting for the person to be accused of.

In most situations, to be guilty of shoplifting, the accused must leave the store with the item supposedly not paid for. However, from what you have written about, the mere placement of the unpaid for wallets in the purse could very well be an attempt to shoplift.

If your friend has been arrested for shoplifting, I suggest that he or she retain a criminal defense attorney to assist him or her.


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