Quote Quoting omitho
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There were no men's pajamas. She was dumbfounded when asked. And this is Florida, the most populated state in the union. We live in a "resort" area. I don't believe that forgetting to pay for something is exactly the same thing as shoplifting. With that being said, I would think that in plain site should have been looked at differently. We can't expect the way people will act.
Our son's issues were just diagnosed that same week. If you buy the "reusable" bags and you shop with them and get near the door, you are a shoplifter. In other words, I understand your take on not waiting till she got outside, but it wasn't as if she was trying to conceal the item.
Thank you for the reply!
When your son was diagnosed. You said she has dealt with the issue enough so she knew the best action. That strongly suggests she would not be freaked out by his actions and would deal with the child in an orderly manner.

Re the personal shopping bags;
not sure why this was brought up as there was no claim one was used in this situation but;
simply putting merchandise in such bags can be construed as theft. Never put merchandise that has not been paid for in such bags.

Re the "in plain sight" should remove intent;
sorrry but that ploy is often used because of your argument. Thieves will try just about anything to excuse the taking of property when caught.

If she pushes back it will likely come down to whether a judge or jury believes her in a trial. Personally as distasteful as the alternate appears, I really would not want to risk a conviction.