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  1. #1
    Join Date
    Sep 2008
    Posts
    2

    Default Is Trying, then Throwing Away a Product Considered Shoplifting?

    My question involves criminal law for the state of: New Jersey
    Hi everyone, I am writting this in order to shed some light in life of a dear friend of mine. She was shopping at the local grocery store(shoprite or pathmart?) and she had a taste of a shushi with the intent of buying it $5 package. Because the taste was horribly unfresh she throw the rest of the package in a garbage container(located thruout the store). Then after she checked out on her way out a gentlemen from the loss and prevention dept. asked her: Did you thow this ? showing her the package that was picked up from the trash can(I guess?) . In his room he took a picture of her , asked her to sign a paper with the info (name, address,)from the driver license. Than he said she will be getting a fine in the mail up to $150 and she can not shop in this particular store ever(but she could shop in others that carry the same name). She asked is this paper going anywhere? He said : No, It will stay with this store. She is very remorsefull and ashamed for what happened . But also she feels guilt for not reading the paper she have signed.Is it still possible that they could file police report ? (even though he said the paper will stay with the store). I would like to know is this act considered shoplifting? Tasting something and than trow it in the garbage before you check out , how about tasting grapes and not buying it? I would like to thank you for all your inputs.

  2. #2
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Is This Act Considered Shoplifting?

    Why not report something as potentially dangerous as spoiled seafood to the manager?

    She didn't own it, it wasn't hers, so, yes, technically, it is stealing. If she had turned it in, she would have accomplished the same thing.

    If the LP told her she wouldn't be charged, chances are, as long as she pays the fine, she'll be ok.

    I'm sorry for your friend's trouble.

  3. #3
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Is This Act Considered Shoplifting?

    I would like to know is this act considered shoplifting?
    Of course. It's no different then if she opened a bag of chips, ate some and put the rest back on the shelf or if she had helped herself to some milk and cookies while she was shopping. As well, if grapes are purchased by the pound and she helps herself to them while shes shopping, then checks out weighing the bag with half eaten grapes, it's also shoplifting. She ate it without paying for it.
    Is it still possible that they could file police report ?
    The paper that she was asked to sign is an agreement to pay a civil demand. She's lucky, they could legally call the police on her and could have had her arrested. Pay the demand and on time. If she doesn't, they CAN have her charged criminally giving her a criminal record. The store has until the statue of limitations runs out to prosecute her for this.

  4. #4
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Is This Act Considered Shoplifting?

    PS
    I forgot to add...if she is caught in this store she can be prosecuted for trespassing so be sure to tell her to stay out of it.

  5. #5
    Join Date
    Sep 2008
    Posts
    2

    Default Re: Is Trying, then Throwing Away a Product Considered Shoplifting?

    Thank you for sharing your knowledge. I do believe this LP gentlemen has a good heart and I am sure my friend learned a lesson for life. We all should be honest, generous and carying for others, to make this world a better place.
    Greetings to all!!!

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