Shoplifting in Lord and Taylor in Massachusetts
My question involves criminal law for the state of: Massachusetts
I was found shoplifting a pair of $40 earrings at Lord and Taylor. I was told to pay a $350 fine and I cannot enter any Lord and Taylor for the next two years. I paid the fine but when I went home I did a little research to see if that is the correct amount. I found this on a MA government website:
Chapter 266: Section 30A. Shoplifting; penalty; arrest without warrant
Section 30A. Any person who intentionally takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use of benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof; or
any person who intentionally conceals upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of proceeds, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof; or
any person who intentionally alters, transfers or removes any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the retail value thereof; or
any person who intentionally transfers any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof; or
any person who intentionally records a value for the merchandise which is less than the actual retail value with the intention of depriving the merchant of the full retail value thereof; or
any person who intentionally removes a shopping cart from the premises of a store or other retail mercantile establishment, without the consent of the merchant given at the time of such removal, with the intention of permanently depriving the merchant of the possession, use or benefit of such cart; and where the retail value of the goods obtained is less than one hundred dollars, shall be punished for a first offense by a fine not to exceed two hundred and fifty dollars, for a second offense by a fine of not less than one hundred nor more than five hundred dollars and for a third or subsequent offense by a fine of not more than five hundred dollars or imprisonment in a jail for not more than two years, or by both such fine and imprisonment. Where the retail value of the goods obtained equals or exceeds one hundred dollars, any violation of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.
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I highlighted the part I believe applies to my case ... the earrings were less than one hundred dollars and this is my first offense, so shouldnt the fine only by $250? Or am I reading this whole section totally wrong? Help!
Re: Shoplifting in Lord and Taylor in Massachusetts
You did not pay a criminal fine. You paid a Civil Demand. Do a search and you'll find a lot of info on it.