Did I Actually Commit a Crime
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.
Re: If I Had Actually Committed a Crime
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Quoting
chaser21
Since i had not left the store yet aka i was still inside had i committed retail theft yet?
Yep. Notice that the law does NOT include any statement that you actually have to get the items "free" of the store before the act is a crime.
Re: If I Had Actually Committed a Crime
What about my buddy can they charge him with retail theft too even tho he had no idea what i was doing?
Re: If I Had Actually Committed a Crime
Quote:
Quoting
chaser21
What about my buddy can they charge him with retail theft too even tho he had no idea what i was doing?
They can charge whoever they want. You both need to consult an attorney. It depends what the judge makes of the tape when you go to court. Nobody can say what the outcome will be.
Re: If I Had Actually Committed a Crime
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Second they charged my buddy with retail theft too saying he knew what i was doing even tho he didn't.
Guilt by association rarely establishes probable cause for an arrest/citation.
This is fact specific, of course.
If they have determined he was some type of "lookout" by his behavior, this indicates a joint crime.