Is it shoplifting if someone forgets some item under store flyers in the bottom of a cart?

davidmi711

Crime is about intent. Yes should could be charged particularly since she discovered the problem and did not rectify it. If she had discovered it, and returned to the store to pay for the magazine it is highly unlikely the store would file charges and even less likely a court would convict.

thylawyer

I suppose she put the items in the cart and then found the flyer, and liked it so much she took more than one and didn't see a trash can anywhere, so she just put them in her cart where they accidentally covered the magazine completely. Would you like to buy a bridge?

ARCop

If there was intent, then there was a crime. If there was no intent on her part to conceal the item, then I don't see the store or a prosecutor prosecuting a case like this. Really all depends on if the store video shows her concealing the item under the flyers. Accidents happen, so intent would have to be proven. IMO.

One Sexy Jeep Girl

Yes she can be charged with shoplifting.

gomanyes562

She could technically be charged, but it's very unlikely that she would be. It seems to be an obvious mistake, and most stores wouldn't bother with this type of thing. But yes, they could if they wanted to.

coragryph

It's a matter of intent.

Shoplifting is generally an intentional larceny crime, which means the person must have the intent to illegally take.

And for the example you give, it's easy for the person to go back to the store and pay for the magazine -- that will almost certainly prevent any prosecution for shoplifting.

Reston

Theft is a 'intent' crime. It requires both the act and the intent to deprive. So if you were stopped the defense is easy, especially if the items were just overlooked in a cart and not hidden in other places.

Matt

It depends on the situation. If I saw you intentionally put the magazines under the ad and then avoid paying for them, I would prosecute you. If it appeared to be an accident, I probably wouldn't.

ericm1998

i dont kno if no1 saw it she was safe cuz once me n my roomate went to the store at walmart
we got some donuts n we moved it acrosss the do it yerself cash register things n we put it across n it didnt pay for it n i got it free n i went out wit no problem

justmaker100

well that depends on whether she intentionally hid the magazine under the flyers or not.

Bubbl E

once i was trying on hats at gottchalks, a friend came over and we started talking....I had to get to an appointment, rushed out of store, got in car and to my horror realized I had a hat on(a large hat). I rushed back in, put the hat back on the rack and rushed out....Im sure this has happened many times.

STEVEN F

Technically, she could be charged. Legally, it is not shoplifting without intent. Voluntarily returning to the store to pay for or return the item would disprove intent and likely not be questioned. Yes, thieves have been known to attempt similar methods of concealing items.

*****

Indeed, she could have been arrested for shoplifting.

peachsurprize

Yes Margaret it is, and its good that your friend is horrified.. that means she has a social conscience. You know what i did.. I called the manager of the store and told them I did something like that once, and asked if i may return the item back to the store .. without penalty. For my honesty he did not charge me with anything. I think people do make mistakes, and we feel bad about them, but if you take something that isnt yours without permission or without paying it IS STEALING.
You can ALWAYS REDEEM yourself by making it RIGHT with the person you victimized.. and remember shop lifting effects all of us ! We pay higher prices for items in loss control that are missing!

.. .this can't be good

Yes, she could have. She could have gone back in to the manager and shown them what happened and paid for it. THe manager would have been amazed at her honesty.

Vindicaire

Shoplifting is passing the point of sale with an item without purchasing it. Tell your "friend" to just call the store and pay for it...or if she doesn't feel guilt, then just forget about it.

xg6

Not if she goes back to the store, tells them what happened and pays for the item

untameablewild

No. If it is by mistake and you take it right back and explain. I think it is okay, as long as you go back.

Kat_017

You can be charged with it, because they may just think you were doing it as an excuse. But if you really didn't mean to, then you shouldn't be considered a shoplifter. But I don't know how you would prove that you didn't do it.

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