Switching Product Bar Codes in Order to Shoplift

[rmoana]

My question involves criminal law for the state of: NY

Hello all.

A couple days ago, my friend [20 F] shoplifted at a major retail store (think Target, Walmart, etc.) and basically found an item that she wanted (60$). She ripped the barcode off another product ($15) and self scanned the 15 dollar barcode by holding it over the barcode of the $60 dollar item. She paid with her debit card, had no issues and walked out to the parking lot and drove home.

She is now terrified that a store employee will see the ripped off barcode on the product that she ripped off and somehow trace it back to their database and see that the item was actually purchased. Then they could reverse track it to the date/time when it was purchased and pull up footage on the CC.

I told her this is really unlikely since the barcodes for the same item are the same and there is no way to track back the item without actually having the barcode. Also, it is highly unlikely that a worker will assume that and will rather think that someone just defaced the item.

What are your thoughts? Should she be concerned? I'm not looking for any negative comments about her morals and stupid judgement since I've already reprimanded her enough and she has since then agreed to never partake in such heinous activity.

Thank you for your time.

Rafaelo

[llworking]

There is little likelihood that she will get caught at this point...for that incident. However, if she is foolish enough to continue that kind of practice its nearly guaranteed that she will eventually get caught. Once she gets caught, it will seriously mess up her life.

[Mark47n]

It's theft. It's not complicated.

[asa_jim]

You might suggest to your friend that there is nothing - nothing at all - in the Wal-Mart that is worth ruining her life over.

[jk]

Could it be researched and her acts discovered? In some stores, yep. Will it? Unlikely but hey, maybe some loss prevention guy has some spare time and is damn tired of seeing this type of scam and devotes his spare time to tracking her down.

It was a very foolish act and she’s lucky she didn’t get caught at the time of committing the crime.

I’ve seen people prosecuted for much much less so didn’t think the relatively small amount of value will mean she doesn’t get vigorously prosecuted and receive a harsh penalty. Is it worth sitting in jail for $45?

[asa_jim]

Petit theft is one of the ugliest minor crimes for a person to have on their record. It's a crime of dishonesty that will impact job opportunities, education opportunities, professional licensure in many fields, etc. It can easily ruin a person's life. Heck, it even makes you a lousy witness if you are ever a victim of a crime and are needed to testify in court.

[rmoana]

I spoke with 5 LP's and a lawyer and they both said if she wasn't caught at the scene she is unlikely to be prosecuted. How accurate is this?

[PayrolGuy]

You were told in the first response it is unlikely.

[cbg]

Somewhere between 0 and 100% accurate.

Seriously, how do you expect us to know the likelihood that an unknown LP at an unknown store in an unknown location will go looking for you...er, excuse me, her...beyond what has already been told to you?

[jk]

I spoke with 5 LP's and a lawyer and they both said if she wasn't caught at the scene she is unlikely to be prosecuted. How accurate is this?

It is worth every penny you paid for the advice.

Most, if not all, stated it’s unlkely she is caught and prosecuted. There are no guarantees though as it could be that she is caught and prosecuted.

Unlikely-yes
impossible- no.