Shoplifting Legalities: Can You Be Charged If You Didn't Leave the Store?

Do you know that you can be charged with shoplifting even if you didn't leave the store with the items you were accused of taking? Interestingly, certain actions such as concealing merchandise can lead to legal consequences despite not physically leaving the premises.

The Test of Concealment

Imagine the following scenario: you placed non-perishable food items, which you did not pay for, into the food bank donation cans/boxes inside the store. You intend to help those in need, and you did not intend any personal gain. You also did not conceal these items on your person or do anything that would suggest you were planning to leave with them. Despite this, if store security suspects concealment, they can follow you until you pass the cash register. Once you attempt concealment, even if unintentional, you can be charged.

Legal Standpoint on Concealment

Legally, the act of concealing goods in the store can be grounds for charges, regardless of whether you leave the premises with them. In my experience as a Chief of Security and Store Detective, even innocent actions like carrying items without concealing them can lead to suspicion. Security teams often follow customers across departments to catch them in the act.

Examples of Concealment in Retail Theft

For instance, during my career, I had a unique experience at a retail store high in merchandise. A customer, accompanied by an accomplice, approached me to find a hard-to-find cosmetic item. Wasting a significant amount of time before finding the item, I left to finish my duties, only to discover a man in the drug aisle with suspiciously large boxes of laundry detergent and our store brand pain medications. The man's actions clearly indicated an intent to conceal goods, leading to his apprehension and charge of attempted theft.

Legislative Framework and Charges

Under Colorado's Theft statute (Section 18-4-406), concealing goods or merchandise inside or outside the store is considered theft by concealment. While specific penalties are not outlined, intent to steal is easy for security and law enforcement to prove.
Example: If you do not leave the store with the items but attempt to conceal them, a reasonable person could believe that you intended to steal them. This belief can justify a charge of attempted theft. There have been several instances where big-box stores, like Walmart, have called security to deal with potential shoplifters.

Final Thoughts

If you are accused of concealing goods, even if you didn't leave the store, the legal consequences can still be severe. Concealment alone can be prima facie evidence of intent to steal. While the exact wording may vary by jurisdiction, the principles remain the same: the intent to steal is often enough to result in charges. It's crucial to understand what constitutes concealment and to avoid any actions that might be interpreted as such.