What is Shoplifting Really

My question involves criminal law for the state of: Mississippi

Shoplifting...

To give a run-up on the situation in which brings me to posting this thread, I have been accused of shoplifting at a local grocery store, yes they caught me putting a four dollar steak in my pocket in the store where yes, I intended to be marinating and enjoying small flavorable bites an hour later. BUT, due to my amature theft ability (according to the grocery store security) the steak will be costing me a little more then four bucks. No jail, no bailout, just a courtdate and most likely a hefty little fine that will be graciously forcing me to put more hours at my deadend job (which i'm searching hard for at the moment).

The debate is not whether or not I should have rethought my actions or whether or not I should rethink my life, its honestly more embarrassing to know that i've been accused of stealing a four dollar steak :wallbang:then anything else i've ever done in my short 22 years of existence.

What I'm still confused about is what really is considered shoplifting? Now i'm not going to get a lawyer however I also know that a number of people that review post and threads on this site have a general knowledge of the fundamentals of shoplifting. To me, and correct me if i'm wrong, but isn't there a difference between being accused of intent to steal store mechandise and actaully leaving the property with items that you've actaully stolen. To my defense, I personally feel that at any point in which i'm in the store I could have been burdened with a guilty conscience and replaced the item while in the store, yes I did conceal the item in my pocket, but to my confusion I have not actaully stolen the item, meaning i haven't left the store. I'm sure some of you reading this are laughing at my twisted view on this matter but I personally feel that unless i have taken the item out of the store, I should be accused of stealing, but right not after I placed the item in my pocket, yet, at that very point, i have been accused of stealing. Who knows, to their knowledge I could of easily taken the item back out of my pocket in line to pay for it.

If I was accused of concealing with attempt to steal I would see myself pleading guilty, in the same since if someone enters your house, friend or family member, and takes an item, places the item in his or her pocket, are you capable of calling the police and having the person arrested before they have left the house? In an another way, could I be considered stealing the item if I had not concealed it? Could anyone be considered a theft with an item in their hand when they have yet to have left the store?

I'm trying to not type too much for the sake of boring the readers and not getting a response, but i'm really looking for strong defensive legal matters that I could consider, if there are any.

Either way it wont hurt to write a sweet letter to the GM asking for forgiveness and tell him how I was merely trying to feed my 20 kids.. maybe include a giftcard to angus steakhouse, not trying to make light of this matter, it is serious and the worst part of it all is it being on my record so any advice would be greatly appreciated

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What I'm still confused about is what really is considered shoplifting?

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You have GOT to be kidding me. Bill Clinton tried that whole "define this word" thing, and we all know how well that worked for him. You think that's going to work for a petty thief?

Shoplifting is defined as the theft of goods from a retail establishment. "Theft" includes concealment, whether you chicken out or not. But really, you knew that. LP caught you fair and square.

Your arguments are not going to hold any water. If you want to shoot for a reduced sentence or a diversion program, you need to get an attorney. If you can't afford private counsel, plead not guilty in court and ask for a PD.

What is Shoplifting Really? In answer to your question - It's stealing.

Here's the part that says you were stealing:
Mississippi - SEC. 97-23-93. Shoplifting; elements of offense; presumptions; evidence; penalties; aggregation of multiple offenses occuring within the same jurisdiction over 30-day period in determining gravity of offense


(1) Any person who shall wilfully and unlawfully take possession of any merchandise owned or held by and offered or displayed for sale by any merchant, store or other mercantile establishment with the intention and purpose of converting such merchandise to his own use without paying the merchant's stated price therefor shall be guilty of the crime of shoplifting and, upon conviction, shall be punished as is provided in this section.

(2) The requisite intention to convert merchandise without paying the merchant's stated price for the merchandise is presumed, and shall be prima facie evidence thereof, when such person, alone or in concert with another person, willfully:

(a) Conceals the unpurchased merchandise;