Is it Shoplifting If You Never Get Out of the Store

[Abbey33]

My question involves criminal law for the state of: Florida My question is does someone have to walk out of the store with merchandise in order for the store to have a case for shoplifting. If the person has not physically left the store Will it stand up in court . Officer refused to make a report because customer was stopped in the store. But the store made a settlement offer via a law firm.

[flyingron]

It is not required to get out of the store to be guilty of theft. The statute says "obtains or endeavors to obtain" the property without paying for it. Further, the civil demand can very much go forth without any criminal charge. The standard for proof in civil matters is only a preponderance of evidence not beyond a reasonable doubt.

[PandorasBox]

This is the snotty chick who thought it was ok to try on a pair of shoes...and walk around in them for 4 hours in WalMart....read her thread below. She doesn't like our advice, by the way.

[justtoonice]

There's a page on a local online news service I want to quote from, but it's not coming up.
The gist of what I want to say is this: this person placed two items in his cart at Walmart, and proceeded to walk past the payment points, through the first set of doors, then was stopped. His "thinking" was that he shouldn't be arrested because he didn't leave the store. The end of this story is he was sentenced to two months in the county jail (2nd offense/retail theft).

I wonder why you didn't pay for the shoes first, then continue shopping? Not that it matters now. Expensive lesson.

[Security Consultant]

My question involves criminal law for the state of: Florida My question is does someone have to walk out of the store with merchandise in order for the store to have a case for shoplifting. If the person has not physically left the store Will it stand up in court . Officer refused to make a report because customer was stopped in the store. But the store made a settlement offer via a law firm.

You passed the registers without paying for the shoes on your feet. That lends support to the "intent" that you intended to steal the shoes. They do not have to let you exit the store. The police officer was wrong. WalMart, if they are so inclined, could file charges directly through the Prosecutor's office. I have done that where the police failed to take the report. And, if I were the WalMart LP officer that stopped you and read your posts on this matter, that is exactly what I would do.

I think I read, in your other thread, where you mentioned suing WalMart. For what? Clearly they met the intent of the Florida Merchant's Statute. There was probable cause to apprehend you for shoplifting - that is if everything you posted in your previous thread is true.

[PandorasBox]

Wearing those shoes around WalMart for 4 HOURS....makes it a USED item.

Due to health reasons, they cannot sell used shoes as brand new. Which means you deprived the store of their full value merchandise.

And who walks around WalMart for 4 hours anyway?????

[cbg]

does someone have to walk out of the store with merchandise in order for the store to have a case for shoplifting.

No.

If the person has not physically left the store Will it stand up in court

Yes.

Officer refused to make a report because customer was stopped in the store.

Then the officer was not doing his job.

But the store made a settlement offer via a law firm.

If you mean, the store has agreed not to prosecute if you pay x, I'd grab the offer and run. If you mean, the store offered to settle with you so that you wouldn't sue, I'll call you a liar.