Legal Question in Criminal Law in Washington

Shoplifting Laws

Please advise what WA law states in regards to shoplifting. I made a purchase at a grocery store and in the middle of it I realized I forgot an item. I paid for what I had already rung up and walked out the front door of the store with all of my items (those purchased and those not) to get my last remaining item to purchase, a pot of flowers that was on the sidewalk outside of the store. I was arrested for shoplifting! Since the store has items for sale on the sidewalk, is this considered shoplifting when I hadn't even left the sidewalk and my cart was headed towards the flowers?


Asked on 5/25/09, 1:47 pm

2 Answers from Attorneys
Aaron A. Pelley Cultiva Law, PLLC

Re: Shoplifting Laws

The question is whether a jury would find you guilty of shoplifting. The prosecutor could charge you for shoplifting. Nevertheless, the prosecutor then has to prove it beyond a reasonable doubt. That burden is on the State. Based solely on the facts you have provided, it sound like the prosecutor may have a difficult time convincing a jury that you intended on taking those items without paying for them.

http://www.pelleylawgroup.com/propertycrimes.htm

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Answered on 5/26/09, 1:54 pm
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Shoplifting Laws

The prosecutor must be able to show your "intent" to steal based on your actions. It sounds like you paid for some items in your possession and not for others. Why didn't you pay for the others if you were already at the cash register with them? Your answer may determine whether a jury is likely to find you guilty or not.

At your service,

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Answered on 5/26/09, 7:35 pm


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