Is it Shoplifting to Take Advantage of a Store Error in Your Favor

My question involves a consumer law issue in the State of: Florida

I searched and didn't find an answer so I apologize if this has been covered before. Is it shoplifting if a retail store clerk forgets to scan an item at checkout? Does the consumer have a legal obligation to return to the store to remit payment for this item after the error is realized?

If you sneak something past the cashier, even if you buy other items, it's shoplifting.

If you have specific facts, share them.

Thank you for the reply. There was no intention to shoplift, I didn't realize until I got home and was looking over the receipt that the item was never paid for. Everything was up on the conveyor belt and the cashier handled each item. So I don't know if she just forgot to scan it or the computer didn't accept it or what. So in this scenario I gave it to the cashier with intention to pay and the cashier bagged it without ringing it up. The cashier made the mistake but is it my responsibility to bring the item back and remit payment now?

Do you know the cashier? There are plenty of prosecutions in cases like this where the cashier is caught "accidentally" helping friends steal and the store goes after everybody they can show received a "free" item.

The value of this item is what? Enough that you looked over your receipt, obviously. Enough to make it worth the store's while to try to figure out where it's inventory went?

If you are asking "What's the moral thing to do," you already know the answer.

No I don't know the cashier. I was shopping at a giant wal-mart-like store and the value was about $100, and because my total was several thousand dollars I did not immediately notice the item wasn't on the receipt. But I was categorizing the expenses when I got home and that's why I noticed. I know I have a moral obligation to return, report the error, and pay for it. But legally speaking am I a "shoplifter" until I've done so? I only ask for clarification because a friend of mine says I'm a criminal and I say I'm not responsible for the stores error.

812.014 Theft.—(1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property.

Once you determined that the item in your possession was not paid for you came into knowingly obtain or use.
If you fail to pay for the merchandise, or obtain a waiver of payment then you are attempting to deprive the company of the beneif of the property (the cash value).

You need to return the merchandise or contact the store and explain what happened. If you don't you will be guilty of petit larceny. Will the store likely track you down? No. Can they? Sure.

The moral and legally ethically thing to do is return the item and pay for it. If you originally planned on paying for it, there shouldn't be a big deal.

Thank you both for your answers!

I've had that happen a few times.

I disagree with antrc70's suggestion that it becomes theft once you discovered the error. He left off this part:

Quote:

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, the property of another with intent to,

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I can see the possibility of a couple crimes, maybe but theft isn't one of them. As long as you did nothing to cause them to make the error, there was no intent to steal. There is no such thing as ex post facto theft. Either you intended on stealing or you didn't.

For this to become theft, they would have to ask for the payment and you rebuff their request.


as in so many cases, there must be a provable intent to commit a crime for it to be a crime. So far I do not see intent. What you do in the future could be seen as intent although making that argument would be difficult for the prosecutor to establish. Something as simple as: I jsut didn't have time to return it, removes the intent to keep the item from the retailer (presuming you have not simply treated it as your own).

When you come into the possession of the property of another and convert it to your own use, the offense is conversion as opposed to larceny. But it's a bit academic, as if the store figures out what happened and who did it they can be expected to seek their money and will be legally entitled to payment or return of the merchandise even if no charges are filed.