Shoplifting

Retailers in the United States lost $9.7 billion dollars through shoplifting-related shrink according to the 2002 National Retail Security Survey. On a per-case basis, dollars recovered from shoplifter apprehensions in 2002 averaged $115.24. Males accounted for 43 percent of the shoplifters, 34 percent were female, and gender data was not included for 23 percent of the cases. Although adults made up the majority of shoplifters, teenagers between the ages of 13-17 represented 25% of all shoplifters, the largest single age group of shoplifters in the study. Reducing the opportunity to shoplift and making customers aware of the risk of being detected and prosecuted will help prevent shoplifting from occurring.

Maine Laws Regarding Shoplifting/Shoplifters

17-A MRSA 15 Theft

There are a number of crimes that have been consolidated under the heading of Theft including shoplifting, larceny, receiving stolen property, theft by unauthorized taking or transfer, and theft by deception. Therefore theft occurs when:

• A person removes property without paying for it.
• A person changes the price tag on an item.
• A person switches packaging to reflect a lower price.
• 17-A MRSA 15 §361-A(2). Permissible inferences against accused

"Proof that the defendant concealed un purchased property stored, offered or exposed for sale while the defendant was still on the premises of the place where it was stored, offered or exposed or in a parking lot or public or private way immediately adjacent thereto gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the defendant obtained or exercised unauthorized control over the property with the intent to deprive the owner thereof.”

It can be inferred that a person who conceals merchandise while remaining in a store means to deprive the owner of that property. Therefore, a person does not necessarily need to leave the store with merchandise they have not paid for to be convicted of theft.

17 MRSA 114. Detention of shoplifters

“A store owner, manager or supervisor, or that person's designee, may detain on the premises in a reasonable manner and for a period of time not to exceed 1/2 hour any person as to whom there is probable cause to believe is unlawfully concealing merchandise. The purposes of detention shall be: To require the person being detained to provide identification; to verify the identification; to inform a law enforcement officer of the detention and to surrender that person to the officer; and when the detained person is a minor, to inform a law enforcement officer or the parents or guardian of the minor of the detention and to surrender the minor to the person so informed.”

14 MRSA 749. Civil recovery for retail theft

"A person who unlawfully takes, or attempts to take, merchandise from a merchant may be held civilly liable for the price of the merchandise if it is not returned in a merchantable condition AND a penalty of three times the retail value of the merchandise, but not less than $50 or more than $500."

Criminal prosecution is neither a prerequisite to civil demand, nor does it bar the merchant from civil action.