Fifth degree shoplifting

Last September my 17 year old son was accused of being a "look out" for a kid who was shoplifting. The store manager admitted to my husband that they had been watching that boy all summer and knew he was shoplifting. Furthermore, they called the police. They searched both boys. My son not only had nothing on him, but he had the receipt for the things that he had bought. The other boy's back pack was full of snacks. Last week we received a letter stating that they were charging our son with 5th degree shoplifting. What's that all about? They were both in the store at the same time and they both knew each other. So what. The other boy is a known troublemaker in town and our son is not. How can you charge someone with stealing if they didn't steal? I have never heard of this! What responsibility did the store manager have knowing that boy had been shoplifting all summer and did nothing about it? Could someone please comment? And what is theft in the fifth degree ? I am absolutely astounded at this. Thanks very much for any answers.

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Quoting Puzzled

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How can you charge someone with stealing if they didn't steal?

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As an accessory.

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Quoting Puzzled

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What responsibility did the store manager have knowing that boy had been shoplifting all summer and did nothing about it?

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None. The fact that a shopkeeper waits to get enough evidence to prosecute a suspected shoplifter does not mean that a crime wasn't committed.

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Quoting Puzzled

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And what is theft in the fifth degree ?

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Under Iowa law, theft in the fifth degree is the theft of property not exceeding two hundred dollars in value, and is a simple misdemeanor (Maximum jail term not to exceed 30 days; mandatory fine of at least $50 but not more than $500).

Thank you for your reply, but this is the first time my son had been in the store with him. The other boy had been doing this on his own for months and they saw him doing it. They had plenty of evidence and let it go on all summer. We found out that this other boy has publicly exposed himself, run away from home, is truant in school, and well known in the community for his behavior.

Is this all a matter of guilty from association? Being in the wrong place at the wrong time?


What will happen to my son? This is the first time anything like this has happened. He took nothing and has not been fined, but they are charging him.
Thanks for your time.

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Quoting Puzzled

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Is this all a matter of guilty from association? Being in the wrong place at the wrong time?

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It could be a matter of guilt. Have you asked your son whether he was acting as a lookout? (Odds are, if nothing else, he knew his friend was stealing - although mere knowledge should not be enough to support a conviction.)

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Quoting Puzzled

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What will happen to my son? This is the first time anything like this has happened. He took nothing and has not been fined, but they are charging him.

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I believe that in Iowa at 17 he would still be charged in juvenile court, correct? If he is convicted, with no prior record, he would probably be looking at fines and probation, possibly community service.

Most Iowa juvenile delinquency records can be sealed 2 years following the final discharge if the person has not subsequently been convicted of a serious crime. See Iowa Code Ann. § 232.150(1).

Thank you for taking the time to respond. You have been most gracious.

Hello- I have been reading this forum for several days and have found no situation that is close to this one. The "accused" did not actually take anything. The "accused" had actually payed for his merchandise. The "shoplifter" had been caught with his backpack full of stuff. He had been stealing everyday after summer school.
We never received a civil demand. This occurred 6 months ago. Also, the one who did not take anything worked in another town all summer and we have the paychecks to support this. I must admit I am rather offended at this as he had never been accused of this nor did he actually take anything. It appears that 99% of the people on this site actually took something and I realize that most people don't undertsand that taking a small item is serious business until they get caught. But what can we expect for a juvenile that took nothing, was not issued a civil demand, and is accsued for ths first time. He has since turned 18, and we are very sad to think he will start his adult life with a scar on his record , because he was unfortunate enough to be in the store with "sticky fingers" at the same time. Good luck to everyone out there.

Regards, Puzzled

P. S. I forget to say that he is not actually going to court, he will be meeting with an intake officer to deterime if he actually did anything. Would it be wise for us to bring proof that he worked all summer?

Thanks again, Puzzled

Yes, it would be wise to bring proof that he worked all summer to support that he is a hard working kid. Maybe a good letter from his employer would help too.

But other than that, just because he worked in another town MAY only prove that he was only with the bad kid in that one incident, not in the many incidents that happened all summer.

I think you should ask your kid exactly what happened. Did they meet in the store? Did they talk? Did he see the bad kid took the mechandise? If he did, did he say anything? Did he walk with him the whole time in the store?

Somehow, you kid must have done something that made the LP believe they were doing it together. You need all the facts before you could help your kid. If it was a misunderstanding, at least you know what exactly happened, and would be able to convince the officer.

A BIG THANKS MJ-


Regards, Puzzled

No problem.

Not sure if this is doable in your case. But it would be a good idea if you could obtain a copy of the police/store report. I think you need to go to the court or the police to get it.

This way, you would know why they charged your kid. You would know what the store manager saw, heard and thought about the whole incident. It could be very different from what you kid thought had happened.