My question involves criminal law for the state of: Utah under the 76-6-602 Retail theft. You can find all the law details for this here: http://www.code-co.com/utah/code/04/76-06_p5.htm
First here is a little bit of background, me and a buddy take a trip to Walmart late at night. we were just looking to pick up some chap stick for him and do a little browsing. While in the electronics section we see a surround sound system for a computer that was a good price so my buddy and i decide to each pick one up as we were in need of computer speakers. After a little more browsing we come across one of those new stile boards that only have 2 inline wheels and you can swivel the front and back to go... don't know what they are called.... my buddy tells me they are a lot of fun and that we should pick a couple up and try them out tomorrow, i didn't really want to cause at the time i was low on cash. But he convinces me that if i don't like it i can always return them.
Now a little more time goes by and we are still browsing. My buddy wants to head out so i tell him ill be right up and that he can go pay for his items and meet me in the car. i get a text a few min later from him asking if i was coming. I had gotten distracted by the pants as i was in need of getting more and told him to come back in it was gonna be a few more minutes. He meets me a few minutes later in the pants section at walmart where he tells me that hes gonna be in the bathroom. Before he goes i tell him that i should probably hold on to his receipt because he has a bad habit about loosing those. (story for another time) So he hands over his receipt and i tell him to hurry and go to the bathroom while i go and pay more my items, deciding i cant afford pants that day.
As my buddy is heading for the bathroom I'm heading for the register. i do a quick total of the 2 item i am going to try and purchase and realize that its more money than i have in my account. i then realize that i have a receipt in my possession for the exact items i am trying to buy so i think about just walking out and if they ask for a receipt show them my buddy's as it hadn't been marked. I think about it for a minute and then decide to do it. Big mistake will never even think about it again!!! I walk pass the magnetic security system and into the place where that carts are kept at walmart and where the redbox, soda machines are. I pause for a moment knowing what i was doing was wrong and that i should go back and pay for the items or put them back. As i was trying to decided what to do im approached by what i think was an LP. He asks for my receipt and i panic and fumble for my buddy's receipt. He then asks where i bought these and still panicking i lied and said back in the electronics section a few minutes ago. He then asks if we can review the tapes to make sure thats correct. Still panicking i say sure hoping he wont call my bluff.
As we approach their security room i come clean and said that i hadn't purchases these items and then offered to purchase them. He said it was too late.
Now my main question is Since i had not left the store yet aka i was still inside had i committed retail theft yet?
Second they charged my buddy with retail theft too saying he knew what i was doing even tho he didn't.
Any advise would be great.