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  1. #1
    Join Date
    May 2011
    Posts
    1

    Default Compulsive Behavior and Shoplifting

    My question involves criminal law for the state of: Virginia.

    I have a friend who is chronically ill in the way she is autistic. It's not overly severe but does happen to give her an urge to take things in stores, along with the fact she can't eat food in public, she can't touch people, she has odd fixations, ectra. I'm usually there to keep her from taking it OUT of said store. We put everything back before we leave.

    Well she had gotten into some headphones in an electronics store while my back was turned and I caught her doing it actually as the store manager did too. He told us to leave and I apologized and indeed said we'd leave. However she'd also taken two dvds without me knowing while I was focused on another person in the store. She handed them back immediately, we explained the problem, and mall security was called.
    Understandable.

    The mall security found it to be a very interesting case, had three officers (of the security force) called to review it. They were all very understanding, but the store manager was not. He was very insistent on harassing her on why she did these things and it actually made the fit she was having worse by raising his voice. Since we were in a store that prosecutes (again, completely reasonable.) Police were called and both of us were charged with concealing merchandise.

    How do we work our way through this in court, it's the first time this has ever really happened, neither of us have criminal records and she understands she needs help. To what extent are we really in trouble here? Can anyone explain it to me in detail please?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Compulsive Behavior and Shoplifting

    You will work with your lawyer to explain that, although you were there with her, you did not participate with her crimes.

    She will work with her lawyer and psychiatrist to document her mental health condition and to attempt to prove that due to her developmental disorder and mental illness she was unable to control her behavior when she stole the items at issue.

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Compulsive Behavior and Shoplifting

    ....and when someone takes her shopping from now on...it should be more than 1 person, and 100% attention on the autistic friend.....Get your stuff later, keep your attention 100% focused on the friend....

    You are terrific for helping him/her though

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Compulsive Behavior and Shoplifting

    If she is a genuine kleptomaniac, she will need professional witness (es) to back it up. This is along the lines of the Male XYY syndrome (chromosomes), where the claim is, there is an "irresistible impulse" to commit crimes, and is at times not under the person's control.

    Any "diminished capacity" defense will need back up.

  5. #5
    Join Date
    May 2011
    Posts
    2

    Default Re: Compulsive Behavior and Shoplifting

    You would need to contact a expert to have a psychiatric review on your friend or is there any previous reports that could show her persistent mentally disorder condition?

    I would not say this mentally uncontrollable condition is an advantage for your friend to defend herself from the criminal charge, but it would be a mitigating factor to have the sentence be reduced. If mental disorder can be used as a complete defence for a criminal offence, there would be no justice.

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