Shoplifting is generally defeined as larceny (stealing) or theft of merchandise from a retail store. Massachusetts General Law chapter 266 section 30A, prohibits taking and removing from a store, retail merchandise without paying for it and with the intention of keeping it. In addition, the statute attempts to meet the ingenuity of shoplifters by making criminal a host of acts that contribute to a perpetrator's ability to commit an act of shoplifting.

Contrary to conventional wisdom, the shoplifting statute does not require taking goods beyond a store's premises as a precondition to a conviction of larceny. In one case, the defendant had torn off a magnetic sticker, hidden the stolen goods behind other merchandise, and carried the goods for which he had no means of paying past the cash registers. The law also forbids the concealing of merchandise within the store with the intent to later steal the merchandise. In the case of Commonwealth v. Balboni, the Massachusetts Appeals Court held a defendant guilty of violating the shoplifting statute when he placed ten cartons of cigarettes in a bag at the bottom of a shopping cart, despite the fact that the defendant did not leave the store, because the defendant had no means of paying for them.

Other acts, such as altering labels or transferring merchandise from one container to another, violate the statute, provided that the perpetrator intends to deprive the merchant of the full retail value of the merchandise. In addition, a clerk violates the statute by intentionally recording a value for the merchandise less than actual retail value with the intent to deprive the merchant of the full retail value. The statute also criminalizes the theft, or intentional removal of a shopping cart from the store premises. For each of these violations, an intention to deprive the merchant of possession, use, benefit or retail value of the merchandise stolen must exist.

By design, the shoplifting statute complements and is consistent with the Commonwealth's general larceny statute. As a result, a prosecutor can choose which statute to use as a basis for bringing criminal charges, except in cases where the value of the goods is less than one hundred dollars, in which case the shoplifting statute applies to the exclusion of the larceny statute. The case of Commonwealth v. Sollivan illustrates how a prosecutor can use the general larceny statute in a shoplifting case. In that case defendants engaged in shoplifting were convicted of larceny in a building, though such a charge was inappropriate. Despite this error, the court allowed resentencing as general larceny, since larceny is a lesser included offense to larceny in a building.

The shoplifting statute graduates punishment for violating the law based on the value of the merchandise and the number of prior shoplifting convictions. Where the retail value of the goods shoplifted amounts to less than one hundred dollars, the first conviction results in a maximum fine of two hundred and fifty dollar fine. The second offense results in a minimum fine of one hundred dollars and a maximum fine of five hundred dollars. For the third or more offense the punishment can include imprisonment for two years along with a five hundred dollar fine. Where the retail value of the goods shoplifted equals or exceeds $100, punishment includes imprisonment for two and a half years and/or a fine of $1000.

A statute also exists which provides for recovery for shoplifting under small claims procedures. Massachusetts General Law chapter 231 section 85R provides tort liability against a shoplifter. As a result, a merchant can collect for any damages resulting from the commission of attempt to shoplift. In addition, a merchant can collect at least fifty but no more than five hundred dollars in damages beyond those the merchant actually incurred.

A law enforcement officer with authority in a jurisdiction may arrest without a warrant any person the officer has probable cause for believing has shoplifted. An officer has probable cause if the merchant or the merchant's employee states that a person has violated the shoplifting statute.

Contact a Shoplifting Attorney in Massachusetts