Shoplifting, a seemingly minor offense, can have serious consequences in the state of Washington. While it may be tempting to underestimate the impact of this crime, it is essential to understand that shoplifting is taken very seriously by both law enforcement and the legal system in Washington. In this article, Eastcoastlaws.com will delve into the penalties for shoplifting in Washington State, shedding light on the repercussions that individuals may face when they engage in this unlawful act. From fines and probation to potential jail time, the consequences of shoplifting can be far-reaching and life-altering. So, let’s explore the legal landscape surrounding shoplifting in Washington and gain a deeper understanding of what individuals should expect if they find themselves on the wrong side of the law.
What Is Shoplifting?
Theft is the wrongful taking or keeping of someone else’s property. In order to permanently deprive the person of their stuff, theft is frequently committed by removing and carrying away the item. Shoplifting is a sort of theft that occurs in the state of Washington. The severity of the specific theft charges will determine the degree of punishment.
For example, theft of a low-value item from a store will incur less charges and punishments than theft of a person’s automobile. Theft is often considered a more serious crime when it involves the use of force or weapons.
Understanding the potential consequences and any defenses you may have is crucial if you are accused of stealing.
How Does Washington State Define Theft?
Any of the following actions with the intention of robbing someone else of their goods or services constitutes theft:
- wrongfully obtains or exerts unauthorized control over the property or services of another
- obtains control over the property or services of another by using deception, or
- appropriates (takes for oneself) lost or misdelivered property or services of another.
The term “property” includes anything of value, whether tangible or intangible. Services include businesses such as labor, professional, and transportation services; the hospitality industry; restaurants; entertainment; and public utility services.
A person can commit theft by stealing a wallet or TV, staying at a hotel and skipping out on the bill, deceiving someone into transferring their money or keeping a misdelivered package without trying to find the owner.
(Wash. Rev. Code §§ 9A.04.110; 9A.56.010, .020 (2022).)
Shoplifting Law In Washington State
Theft offenses include shoplifting in Washington. The act of stealing goods without intending to pay for them is known as shoplifting. Jewelry is an example of a little, affordable item that may be carried in a pocket or backpack; other examples include huge, expensive objects like home gadgets.
When you are arrested for stealing, you can anticipate facing criminal charges as well as being ordered to make restitution to the store where you are accused of shoplifting. You should take allegations of shoplifting seriously since they can result in a criminal record.
What Are The Penalties For Shoplifting In Washington State?
Like many other jurisdictions, Washington has laws that include both criminal and civil punishments for retail theft, also known as shoplifting.
Criminal Penalties for Shoplifting
Shoplifting offenses incur identical penalties as outlined above, contingent on the value of the pilfered items. Nonetheless, penalties escalate in cases where the defendant engaged in any of the following actions:
- Exiting the retail establishment through an emergency exit.
- Utilizing a device or tool designed to bypass security measures.
- Committing theft at three or more separate businesses within a 180-day timeframe.
If an individual shoplifts merchandise valued at $750 or less, they commit a gross misdemeanor. When the offense involves special circumstances or the stolen items exceed a $750 value, the offense elevates to a felony. Furthermore, if the shoplifter becomes entangled in a confrontation with store security or employees during the theft, the charge is upgraded to a more severe felony.
Civil Penalties for Shoplifting
Beyond the criminal consequences, an individual who commits shoplifting, or in the case of a minor, their parent or legal guardian, or someone who departs from a restaurant or hotel without settling the bill, may also bear civil liability towards the store or business owner. This liability encompasses:
- Reimbursement for the retail value of the stolen merchandise or services, capped at $2,850.
- An additional penalty, ranging from a minimum of $100 to a maximum of $650.
- The reasonable expenses incurred by the owner or seller for attorneys’ fees and court costs.
However, under Washington law, when the parent or legal guardian of a juvenile shoplifter is assuming responsibility, the maximum recoverable retail value of the stolen merchandise is limited to $1,425.
(Reference: Wash. Rev. Code §§ 4.24.230; 9A.56.360 (2022).)
Defenses To Shoplifting Charges
Facing shoplifting and theft allegations can be a perplexing and humiliating experience. Occasionally, such situations arise inadvertently or due to misunderstandings. Regardless of your circumstances, you are entitled to a robust defense. Common defenses for shoplifting charges encompass:
- Lack of intention to exit the store with the merchandise.
- Supporting evidence from security camera footage exonerating you.
- Absence of intent to deprive the store of its merchandise.
- Possible case dismissal due to a failure to present compelling evidence.
Given the uniqueness of each case, there could be additional circumstances relevant to your particular situation.
Is Shoplifting The Same As Robbery?
No. Robbery is the act of stealing something from someone else or a business while using force, threats of force, or other forms of violence. In contrast, shoplifting just entails stealing items or property from a retailer without using force.
Shoplifting Charge Can Be A Misdemeanor Or A Felony
The majority of shoplifting accusations include items that were stolen from a retailer and have a value of less than $750. This is charged as Theft Third Degree, a serious misdemeanor that carries a maximum sentence of 365 days in jail and a maximum fine of $5,000. Sometimes the item’s value exceeds $750, in which case the shoplifting allegation will be a felony. “Value” refers to the fair market worth of the asset at the time and roughly where the alleged illegal act occurred. In order to achieve the felony threshold of $750 in value, prosecutors frequently try to “aggregate” or combine together multiple cheap products.
However, felony charges cannot be added to shoplifting allegations from various locations and from separate victims. In Vancouver and the nearby communities, there are different policies.