Why is shoplifting so prevalent? Because state law states that stealing property worth $950 or less is just a misdemeanor, meaning law enforcement probably won`t bother to investigate, and if they do, prosecutors will drop it. Example: Defendant Donice, a student, is desperately trying to finish a session assignment. His computer crashes. Victim Vincente, who shares Donice`s apartment, has a $900 work book. Donice uses the machine for a few hours, then returns it to Vincente`s room. Later, when Donice mentions this, Vincente accuses him of stealing the computer and has him charged under Section 484(a) of the CCP. Is Donice guilty? (1) Any assumption of an owner`s rights by a person is equivalent to appropriation, which includes, if he acquired the property (innocent or not) without stealing it, any subsequent taking of a right in it by retaining or circumventing it. 2. Where property or a right or interest in property is transferred or purported to be acquired by a bona fide person, the subsequent acquisition of rights which he believed to have acquired by reason of a defect in the transferor`s property shall not be considered to be theft of the property. There are situations where an accused can face crimes punishable by up to 3 years in prison and a $10,000 fine. Example: Defendant Dickie has a record for minor theft. He was sentenced to a juvenile prison camp for this crime.
But now, Dickie faces a charge under section 66(a) of being convicted of stealing something else. He insists that he is not eligible for a conviction; After all, he only went to a youth camp the first time. Is Dickie right or should he be convicted of the crime? Theft is a crime when the value of stolen property exceeds $500. It is also a crime if “the actor physically takes property from the person of the victim” or if the stolen property is a vehicle, a legal document, a credit card, a firearm, explosives, an American flag on display, a farm animal, a fish valued at more than $75, wild animals in captivity, a controlled substance or ammonia. [71] Theft over $25,000 is usually a Class B crime (penalty: 5 to 15 years),[72] while any other crime (excluding burglary or robbery) that does not involve chemicals is a Class C crime (penalty: up to 7 years). Non-criminal theft is a Class A offence (penalty: up to 1 year). Conclusion: Davida committed a crime by stealing the lollipop. However, to shoplift, Davida had to enter the store with the intention of stealing the candy. Instead, she decided to steal from the candy store.
Although Davida can be punished for petty theft,[13] she is not guilty of shoplifting. Davida had no intention of flying until she entered the facility. A classic and common example of shoplifting occurs in a situation where someone enters a mall store with the intention of stealing clothes. Misappropriation of public funds (CPC ยง 424 a)) involves the acceptance of public funds for one`s own use or the use of another person without legal authorization. It is also illegal to lend or profit from public funds or to make a false entry in the accounting of public funds. The law also makes it an offence to refuse to pay public funds to a judicial authority, not to transfer public funds when required by law, or not to pay money to a person who is entitled to receive such money, even if he or she is legally required to do so. The crime is related to shoplifting, as a Section 424(a) charge is an alternative to a shoplifting charge involving public funds. According to this law, interference with property rights means that the property is treated in a way that creates a significant risk that the property will not be returned to the owner, or that the value of the property will be significantly reduced if the owner recovers it. Even if the property is treated as if the defendants were to dispose of property without regard to the rights of the beneficial owner. [84] The most common reasons for shoplifting are participation in an organized shoplifting ring, opportunistic theft, compulsive acts of theft, thrills and theft due to distress.
[93] Studies of shoplifting by adolescents suggest that minors shoplift for reasons such as novelty of experience, peer pressure, desire to receive goods that a minor cannot legally purchase and economic reasons, as well as complacency and rebellion against parents. [94] The Theft Act of 1927 consolidated various common law crimes into theft.