What is considered shoplifting in Indiana?
Under Indiana law, when a person enters an establishment and they intend to permanently deprive the owner of their property, they have committed shoplifting and it is a crime. If you put one of the items into your bag and attempt to leave the store without paying for it, it is illegal under IC 35-43-4-2.
Under Indiana Code 35-43-4-2, shoplifting occurs when a person:
-enter[s] an entity that hosts items for sale; -intentionally causes or attempts to cause the entity a loss of revenue by taking items of property without the intent to pay for or otherwise compensate for the property; or -permanently deprive[s] the entity of the item of property.
Basically, if you walk into a store, take an item without paying for it and leave the store, you have committed shoplifting. Even if the item(s) you intended to leave the store with was not expensive, if the store catches you and presses charges then you will be charged with the crime of shoplifting, or criminal conversion.
Criminal conversion is when a person:
"-knowingly or intentionally exerts unauthorized control or knowingly or intentionally exerts control over the property of the other person; [and] -with intent to deprive the other person of its value or use."
If you are caught shoplifting or committing criminal conversion you can even be charged with theft. Under Indiana Code 35-43-4-2(a)(2) , the Crime of Theft occurs when you "obtain property or services by any false or misleading conduct or statement[.]"
This means that if you walk into a store, select items you want to purchase and go to the counter to pay but the cashier does not ring up the items you have selected, and you know that this is happening and decide to go ahead with the transaction, then you have committed theft. If you intentionally commit these crimes you can face serious penalties, both civil and criminal.
Because shoplifting specifies that the goods are taken from a store, there are other code sections that define similar acts committed outside a store. Such as robbery under Indiana Code 35-42-5-1(a) which states that robbery occurs when "a person knowingly or intentionally takes property from another person or from a position of immediate control of the other person by making a request or demand for the property and: (1) drawing or using a deadly weapon or a firearm; (2) pulling, putting, or pointing a firearm or other deadly weapon on the other person; (3) threatening the use of a deadly weapon or firearm; (4) causing bodily injury to any person; or (5) threatening to obtain property or a service by putting any person in fear."
And, Burglary under Indiana Code 35-43-2-1 which states that burglary occurs when a person "breaks and enters the dwelling of another person with the intent to commit a felony in it, commission of a felony in the dwelling or possession of a deadly weapon on the premises."
Penalties Facing those Charged with Shoplifting in Indiana
In Indiana, the penalties for shoplifting, also known as retail theft, vary depending on the value of the item or items taken. If the goods have a combined value of less than $750, the first charge is a Class A misdemeanor. This may seem serious, but it is a misdemeanor charge and results in a maximum ten- to twelve-month jail sentence and up to $5,000 in fines. There are many times when a deal can be reached and your charges can be reduced.
However, if the value of the goods is over $750, then the crime is considered a Class D felony. Both misdemeanors and felonies may be charged as enhanced felonies if the individual has not learned from their mistakes and has had previous shoplifting convictions.
Class A misdemeanors are not the most serious kind of misdemeanor under the law, and perhaps a more appropriate term would be "less serious" or "minor" misdemeanor. It would be helpful to note, however, that just because it is not a serious charge does not mean that it cannot carry serious penalties. As mentioned above, a Class A misdemeanor could result in jail time for one full year.
If you have been charged with this crime, do not just assume that because it is not a felony that it cannot result in jail time and fines. You need to consult with an experienced criminal defense attorney who has handled these types of cases before and who can give you their unbiased assessment of the situation and all possible outcomes and consequences.
Class D felonies are more serious violations of the law and could result in three years of jail time and up to $10,000 in fines. Again, just because it is a misdemeanor and a lower felony does not mean that it cannot result in serious penalties.
The law specifies certain increases in the severity of the charge and the penalties, depending on the circumstances of the alleged crime. It is important to know that:
There are defenses that can apply to this charge, including false accusations or mistaken identity. For instance, if you are a loyal customer to a particular store and, as a result, spend a lot of time in the store and/or have the same salesperson frequently, then they may have misidentified you as one of the many possible shoplifters.
How to Defend Yourself when Charged with Shoplifting
Even if there is video footage of an alleged shoplifting incident, there may be defenses available. Store management, security guards, and other employees do not always act within the law when they believe something was stolen. Some common defenses include:
Mistake The accusation of shoplifting may stem from simple mistake. For example, you unknowingly may have walked out of the store with something affixed to your clothing. If you intended to pay for it, then you did not commit an offense. You may be able to show that a court there was no intent to steal.
Illegal Detention A store may detain you only under certain circumstances. In Indiana, for instance, a merchant may detain a person suspected of shoplifting if they have observed (or obtained additional visual evidence of) theft in the department where you were allegedly detained, but only for a reasonable amount of time or until law enforcement arrives.
Threat or Use of Force A store security guard or manager is prohibited from using too much force. If you are injured while being accused of theft, the store may have acted unreasonably. For example, let’s say that you merely walked out of a store with a lipstick that you forgot to take off a shelf. The security guard who stops you may grab your arms and twist them. In this case, you may have a counter lawsuit against the store.
Other defenses The above defenses are just a few of the many ways we find the light at the end of the tunnel for clients. Take the case of the nurse who came into contact with a lawyer at the store while shopping. The store informed her manager of a suspected theft and the manager, who traveled to the store to investigate, found "something" in the nurse’s purse and called police. It turned out that the "something" was her medical bag with important medical equipment, and the police were horrified that the employer accused a nurse (and her son who was accompanying her) of shoplifting. As we built up the case in the next week, we uncovered further evidence that showed that the store had used excessive force in handing this woman her medical bag in front of customers. The store agreed to drop the charges after those facts were presented to them.
The Consequences of a Shoplifting Conviction
A shoplifting conviction in Indiana, whether for misdemeanor retail theft or felony theft (a "Class D") can have lifelong effects on an accused person. The most significant affects of a Class A Conviction on the accused are:
- The length of the term: An Indiana Court may suspend part or all of a theft sentence. The Court may choose to sentence the accused to probation on the condition that the accused:
- Length of License Suspension. In the case of a misdemeanor theft conviction under Indiana law, your drivers license will be suspended for 180 days. For felony convictions, the convicted thief’s driver’s license will be suspended for one year. You may petition 90 days into the suspension to have the Court reinstate your driver’s license . Crimes of dishonesty such as theft convictions can disqualify you from obtaining or holding certain professional licenses essential to your career.
- Jail Time. Misdemeanor offenders are usually given a fine and/or community service sentence but may be ordered to serve time at the local county jail. Felony offenders are often sentenced to suspended jail time on probation as well but can be ordered to serve a minimum of six months in prison.
- Loss of a Job. Criminal employers do background checks on their employees to protect their assets and ensure they are hiring law-abiding citizens. A theft conviction on your record could cost you a great job with a great future, even if the theft offense occurred years ago.
Shoplifting Laws in Indiana for Juveniles
Indiana law recognizes a distinct line of demarcation between offenses committed by the young versus the offender aged above eighteen. With this distinction comes different legal processes, proceedings and, potentially different penalties. The first thing a shoplifter should know is that even given the offense is a misdemeanor or felony which is typically adjudicated as an adult, the minor will not be tried as an adult. Generally speaking, any offense committed by a minor can be adjudicated immediately if he or she came into legal contact with law enforcement. Sometimes, if the juvenile is not yet provisionally detained, law enforcement "takes them home" and instructs the parents to take them to the local police department or the Department of Child Services (DCS). If the juvenile has parental consent for a voluntary interview, once at the police station or DCS, he or she will be questioned, fingerprinted and photographed. Once the interview is complete, the juvenile will be released to the parent or guardian. After the follow-up call to the parent or guardian, the juvenile may be immediately released or given a notice to appear for a future court date with the parent or guardian. If detention and bail are a concern for the minor parent, the attorney may advocate for a pretrial release through the juvenile probation department to the intake officer. Depending on the allegation, the intake officer may deem the minor a minimal threat and grant release. Should the evidence not amount to a criminal allegation, the matter is civil in nature, both DCS and the merchant may ban the minor from the retail store. The juvenile officer may also place the minor in a voluntary substance abuse, treatment or counseling program such as First Tip. Once the minor completes the program, the matter is off the unofficial record. A civil demand may also be taken by the merchant until full restitution to the store has been made. If the evidence does amount to a criminal allegation and the minor is arrested, a police report will be sent to the juvenile prosecutor’s office for processing. Once the report is received a charging recommendation will be made by the prosecutor. Depending on the attorney’s ability and qualification, this matter may be diverted from the juvenile system. If the diversion is successful, misdemeanor charges may be dismissed. If the charges cannot be diverted, a plea offer will be extended. If the minor is in school they MUST be able to comply with a school requirement such as community service in lieu of suspending normal schooling. If the minor does not plea to the offer and the case goes to trial, the juvenile is entitled to a jury trial and to be represented by an attorney. The juvenile may plead not guilty and the judge will determine the facts. If the minor is found guilty or pleads guilty to misdemeanor or felony shoplifting, a pre-dispositional report will be prepared on behalf of the minor to determine the most appropriate disposition of the case. Factors such as the minor’s criminal history, the severity of the offense, school attendance, grade point average, treatment history and community involvement will be taken into consideration. This report will be prepared at the request of the judge. After the report is completed and the minor has been notified, a dispositional hearing will be held. A probation violation is entitled to a hearing which includes counsel and a jury.
Steps to Take if Accused of Shoplifting
What to Do If Accused of Shoplifting in Indiana
If you’ve been accused of shoplifting in Indiana, it’s imperative that you understand your legal rights and the steps you should take to protect yourself. The most important thing you can do is exercise your right to remain silent and avoid providing a statement to store loss prevention personnel or police officers without qualified legal representation.
Store loss prevention personnel are likely to try to question you if they suspect you have stolen items from their store. You should not provide them with any statements and you should insist on speaking with an attorney before making any statements. If you work with a criminal defense attorney, that attorney can accompany you to any meetings you may have with store employees and provide legal and strategic advice throughout the process. If you have provided a statement already, there could still be options for your attorney to pursue , including talking to prosecutors about your case and retaking your statement to revise and clarify it.
Store personnel may be interested in recovering the merchandise. While you may be tempted to hand back the merchandise you are accused of shoplifting, consider your actions carefully before doing so. In some cases, there may be no evidence that you intended to steal the item or that it was even given to you without your consent. In these situations, returning the merchandise may be interpreted as an admission of guilt, but it can also help establish your own credibility if you honestly did not mean to shoplift and you are willing to return the property unharmed. It’s always best to have your attorney present when dealing with store management and deciding how best to cooperate.
After you are released by store personnel or police, the next step is to contact experienced Indiana criminal defense attorney Brian D. Butler to begin reviewing your options as soon as possible.
