What is shoplifting?

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What is shoplifting?

X went to store, put some cheap merchandise
in pocket, and check out rest of items. Upon
leaving, X set off alarm. He turned around to
talk to the cashier. While talking, he took item
out of pocket and slid it into shelf nearby
without anyone noticing. X tried the door again,
went through with no alarm, and was aloud to
leave. They just called X and said they have
video of the occurrence. X didnt leave the
store with anything he didnt pay for, and they
didnt catch him while in the store. Did he break
the law?

Asked on June 27, 2018 under Criminal Law, Utah

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

X has committed larceny which is the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive.
X had the intent to steal the item by taking it from the shelf and putting it in his pocket.  He had the intent to permanently deprive the store of it.  The fact that he put it back after setting off the alarm does not change the fact that he had already committed larceny.  Putting the item on another shelf because the alarm went off does not undo the act of larceny.  
Shoplifting is theft which is larceny.


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