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  1. #1
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Shop Lifting

    Quote Quoting flyingron
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    Was he charged on the first crime?

    There are two ways shoplifting in Arizona can be elevated to a felony. One is the "continuing criminal enterprise" aspect that counts if they catch him shoplifting THREE DIFFERENT TIMES within the same ninety day periods.

    The other way is to have been previously committed or convicted of two more shoplifting, burglaries, etc... within the past five years.

    So in either case, it takes THREE charges to make it a felony based on these enhancements.
    There's one more way.

    ARS 13-1805 I. A person who in the course of shoplifting uses an artifice, instrument, container, device or other article with the intent to facilitate shoplifting or who commits shoplifting and who has previously committed or been convicted within the past five years of two or more offenses involving burglary, shoplifting, robbery, organized retail theft or theft is guilty of a class 4 felony.

    https://www.azleg.gov/ars/13/01805.htm

    I wasn't quite sure what the bolded phrase meant until a found a case where a conviction was upheld under that phrase because the defendant had emptied a box from a low priced item and then filled it with more expensive items, intending to pay for just the low price item.

    https://scholar.google.com/scholar_c...=en&as_sdt=4,3

    I wonder if stuffing items into one's purse or backpack would also be prosecuted as a Class 4 felony.

    Quote Quoting Tpatzo2018
    View Post
    My question involves criminal law for the state of: Arizona

    My dumb ass bf got caught shop lifting his 2nd time within a month id say. First time was at Walmart that question was posted in this forum.. This time he got caught with $90 at Safeway. Sense the amount was so high Safeway called the police on him. He was cited and released. He has a court date on the 26th of March.
    Nobody suggested this in your last post about Walmart but this time I suggest you dump your bf and find somebody to hang with who is not a criminal. He's only going to end up bringing you down with him.

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