Theft Without Leaving the Store

[tanya.slay]

My question involves criminal law for the state of: Texas

Hi I am wondering if anyone knows if you can legally be charged with theft in the state of texas without leaving the store. My mom was arrested yesterday for "shoplifting" at a local grocery store. In all honesty she was stealing something but then removed it from her purse because she noticed a manager following her. Before she could ever make it to the check out to pay for the items in her buggy the police came in and detained her. Is this legal??? She removed the items she was stealing and never went out the doors or past the checkout, also there are no cameras in the store.

[jk]

§ 31.03. Theft
(a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.
(b) Appropriation of property is unlawful if:
(1) it is without the owner's effective consent;
(2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or

concealing merchandise is a display of intent

Time for an attorney.

[PandorasBox]

I agree. She concealed the item in her purse, which showed her intent to steal. Concealment alone is enough for a charge and conviction.

And she had a buggy, so she can't even use the "my arms were too full, so I put it in my purse" excuse that the lawyers, judge, and prosecutor have so often heard.

She'll be spending money on a Criminal Defense Lawyer. And the store will be sending a Civil Demand for the damages incurred (those LP don't work for free). And many stores have cameras that are hidden, so don't be so sure the store has no cameras.