# Shoplifting laws and advice needed



## Guest (Mar 28, 2007)

Hi

My 15 year old daughter was in South Shore Plaza back in February in Claire's when she put a pair of earrings in her pocket. She was detained in the store by the employee there, not a manager, with her friend for shoplifting. No security guard or police were called, and the girls were made to sit in the store behind the counter for an hour and a half waiting for my friend to pick them up (we live in Maine, she was visiting MA). SHe never left the store. 

Now we have receieved a letter in the mail from CLaire's attorneys demanding payment of $200 within 20 days, a civil penalty claim. 

I have been told that since she didnt leave the store it is not considered shoplifting per se. I just don't want to send them $200 since she was treated so rudely, never saw a police or security officer, or took the item. SHould I pay this? 

TIA


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## TacOps (Nov 28, 2006)

Yes, she is an idiot for putting the earings in her pocket but they did not follow procedure. Technically, they can not do anything until she walks out the door. And even if they did call a security officer, that is still not right, they need to call the police, which they didn't. They do not have a right to detain anyone there unless the police are on their way (correct me if I'm wrong guys). After all that said, she had reasonable intention of stealing them, I would say, suck it up and pay it. Even if you wanted to challenge it, court and lawyer fees would be far more than $200.


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## coldsteel (Mar 3, 2007)

PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES

TITLE I. CRIMES AND PUNISHMENTS

CHAPTER 266. CRIMES AGAINST PROPERTY

Chapter 266: Section 30A. Shoplifting; penalty; arrest without warrant

Section 30A. Any person who intentionally takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use of benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof; or 
any person who intentionally conceals upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of proceeds, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof; or 
any person who intentionally alters, transfers or removes any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the retail value thereof; or 
any person who intentionally transfers any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof; or 
any person who intentionally records a value for the merchandise which is less than the actual retail value with the intention of depriving the merchant of the full retail value thereof; or 
any person who intentionally removes a shopping cart from the premises of a store or other retail mercantile establishment, without the consent of the merchant given at the time of such removal, with the intention of permanently depriving the merchant of the possession, use or benefit of such cart; and where the retail value of the goods obtained is less than one hundred dollars, shall be punished for a first offense by a fine not to exceed two hundred and fifty dollars, for a second offense by a fine of not less than one hundred nor more than five hundred dollars and for a third or subsequent offense by a fine of not more than five hundred dollars or imprisonment in a jail for not more than two years, or by both such fine and imprisonment. Where the retail value of the goods obtained equals or exceeds one hundred dollars, any violation of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment. 
If the retail value of the goods obtained is less than one hundred dollars, this section shall apply to the exclusion of section thirty. 
Law enforcement officers may arrest without warrant any person he has probable cause for believing has committed the offense of shoplifting as defined in this section. The statement of a merchant or his employee or agent that a person has violated a provision of this section shall constitute probable cause for arrest by any law enforcement officer authorized to make an arrest in such jurisdiction.

My advice is to keep your daughter the hell in Maine. And pay the $200.


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## KozmoKramer (Apr 25, 2004)

Pay the $200.00 and make Precious pay you back out of her allowance.


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## Guest (Mar 28, 2007)

KozmoKramer said:


> Pay the $200.00 and make Precious pay you back out of her allowance.


:dito:


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## Rock (Mar 20, 2005)

Jennfa said:


> Hi
> 
> My 15 year old daughter was in South Shore Plaza back in February in Claire's when she put a pair of earrings in her pocket. ........................................
> I have been told that since she didnt leave the store it is not considered shoplifting per se. I just don't want to send them $200 *since she was treated so rudely *
> TIA


How awful for her. It's pathetic to see another enabling parent looking to pass the blame. Instead of hugging the poor cherub and telling her everything is going to be OK, how about addressing the young and budding clepto's new habit before it becomes something bigger like a car or someones home stereo!


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## TacOps (Nov 28, 2006)

After reading the last posts, I realize I was being too liberal in my first post. PAY THE DAMN MONEY


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## Truck (Apr 3, 2006)

Give your daughter the $200.00 drive her to the store, make her go to the manger and give the manager the money, apologize and admit her guilt, then ground her with additional chores and work it off until the $200.oo is worked off.
Well that is the old fashion way, just hire a lawyer and blame everyone else!


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## copcop (Mar 17, 2006)

TacOps said:


> Yes, she is an idiot for putting the earings in her pocket but they did not follow procedure. Technically, they can not do anything until she walks out the door. And even if they did call a security officer, that is still not right, they need to call the police, which they didn't. They do not have a right to detain anyone there unless the police are on their way (correct me if I'm wrong guys). After all that said, she had reasonable intention of stealing them, I would say, suck it up and pay it. Even if you wanted to challenge it, court and lawyer fees would be far more than $200.


A shoplifter doesnt have to leave the store to be charged with shoplifting...why do so many people still think this is true? Its called shoplifting by concealment...once they conceal it on their person - it's shoplifting.


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## Melissa (Mar 10, 2007)

Truck said:


> Give your daughter the $200.00 drive her to the store, make her go to the manger and give the manager the money, apologize and admit her guilt, then ground her with additional chores and work it off until the $200.oo is worked off.
> Well that is the old fashion way, just hire a lawyer and blame everyone else!


I agree 100%....Just paying the $200.00 for her daughter without the humilliation seems fruitless. I stole candy from an open bag in the grocery store when I was five. My mother marched my sorry ass in the store when she realized what I had done and made me appologize, give back the candy, and pay for the whole bag out of my own $$....Guess what? That was the last thing I ever stole. Old values can still work if parents are willing to try.


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## lofu (Feb 25, 2006)

CopCop you beat me to this point. As soon as the item is concealed the store had probable cause to believe she had no intention of paying for the items. 

As far as keeping her there that is most likely store policy. When I worked for CVS a few years ago if we caught a juvenile shoplifter, we held them until either the police came or a guardian came. The thinking behind this is that once you encounter the juvenile you are responsible for them. If you catch the kid and then kick them loose and good forbid something happens to them on the way home, the store could be held liable in a civil suit. All a lawyer would have to argue is that the kid was emotional after being caught and wasn't in their right mind crossing the street when the T bus creamed them.

My opinion is pay the money, stop blaming the store (would you rather that they called the police and have her arrested?), and punish your daughter in a way you see fit. A lot of kids do this but it is your response right now that will dictate if she does it again.


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## rocksy1826 (Nov 12, 2006)

Ahhhaaahahahahhahaahahahahaahahaahaahahahahah


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## Andy0921 (Jan 12, 2006)

Pay the $200.00. Nuff said. I hope you pound her with some harsh ramifications so she doesn't continue this unacceptable behavior. If you don't it will only continue and the problem will get worse. Like Rock said, before you know it she will be stealing cars.


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## PBiddy35 (Aug 27, 2004)

+1 to all the posts here. Though most stores will wait for a subject to exit the store, just to prove the intent, a shoplifter need only conceal the merchandise, remove a tag, etc. Your daughter could have tried to leave the premises or not wait, with the end result of spending the time in the police department waiting for a responsible adult to take charge of her. The Civil Demand for a fee is designed to deter low-level shoplifters from plying their trade without arresting all of them while reducing the massive loss faced by the company that is caused by the majority of crimes that do not go detected. When I detained a juvenile, I'd give a parent about an hour, after that they can pick their little angel in training up at the pd.


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## MM1799 (Sep 14, 2006)

enabling parent said:


> I have been told that since she didnt leave the store it is not considered shoplifting per se. I just don't want to send them $200 since she was treated so rudely, never saw a police or security officer, or took the item. SHould I pay this?


Get lost. I'll be sure to send you a PM in a couple of years when I arrest your daughter for grand theft.. and no you wont be able to sweep it under the rug.
I hope someone in her life has a clue about the real world... (you know, actions/consequences.) If not then I am afraid your attitude of "well it was _only_ 200 and she never left and she never saw the police and she never, and she never, and she never.." *SHE DID STEAL.* As they say, pay the piper.

The end.


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## HELPMe (Dec 17, 2004)

Your daughter got off lucky. Most stores will detain you (not physically) and call the police or call security who will then in turn call the police. Your daughter would then be summonsed and prosecuted. Your daughter does not have to leave the store she could be approaching the exit and that is enough reason to stop her. 
Most stores issue a shoplifting fine of 200 dollars or MORE and if it is not paid it is put in debt collection. Also if your daughter fails to pay the 200 dollars she will be banned from the establishment and or the chain itself. In most cases regarding shoplifting the suspect is banned regardless from the store and the shopping center.

Grow up be the adult and pay the fine. Your daughter got caught and she is in the wrong. It could have turned out far worse she could have a criminal record. 
Did you expect the store employee to thank your daughter for stealing from her establishment and give her a big wet kiss and hug? Incase you dont understand with your obvious limited capacity for understanding the seriousness of what your daughter did and what other crimes evolve from this type of behavior; is that every store that has lost inventory due to theft is called SHRINK. When the shrink or lost/stolen items reaches a said amount the chain manager will penalize the store by not giving bonuses etc the thefts take away said revenues that go to the company and employees. So that employee doesnt have to be a manager to tell your daughter to STOP STEALING and be pleasant about it


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## Killjoy (Jun 23, 2003)

+1 to all the posts here....pay the fine, loser, and stop making excuses for your klepto daughter!


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## MARINECOP (Dec 23, 2003)

Rock said:


> How awful for her. It's pathetic to see another enabling parent looking to pass the blame. Instead of hugging the poor cherub and telling her everything is going to be OK, how about addressing the young and budding clepto's new habit before it becomes something bigger like a car or someones home stereo!


Nice post.


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## justanotherparatrooper (Aug 27, 2006)

KozmoKramer said:


> Pay the $200.00 and make Precious pay you back out of her allowance.


 *DITTO... but she should also be paying you back for your lost time, gas, etc...*


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## Rock (Mar 20, 2005)

MARINECOP said:


> Nice post.


Thanks bro


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