Legal Question in Criminal Law in California

Re: Shoplifting Law Questions

A crime is complete when you 1) do any act with 2) the intent to commit a crime. Larceny (theft) is the taking and carrying away of personal property with the intent to permanently deprive the owner of the property.

I perceive that what you are really asking me is how to get away with shoplifting. As a lawyer, it's against the rules for me to advise you on how to break the law. You do not want to be caught and prosecuted for shoplifting (or commercial burglary, a common add-on charge). Remember, there are tiny, almost-invisible cameras everywhere these days.

You would not want there to be videotape evidence showing you doing something the least bit sneaky. You would get hammered. Also, if you were to admit to the storekeeper or the police that you stole or were attempting to steal, that's enough evidence to prove the crime.

Re: Shoplifting Law Questions

Mr. Stone's answer is not quite correct. What he describes are the requirements for an attempted crime and not the crime itself. Attempts are criminal in themselves, but are usually not considered equivalent to the crime that was being attempted. It is far from clear that the law *should* draw this distinction, but it does.

The act of picking up an item in a store and moving it -- no matter how slightly -- with the intent to steal it is shoplifting. The crime is complete before the shoplifter reaches the exit. Proving the defendant's intent is often not difficult even if she is captured before she gets anywhere near the exit (think Winona Ryder).

The store can require you to submit your backpack for inspection. It is not a crime for you to say no, but the store is permitted to use reasonable force to inspect the bag over your objection. "Reasonable" force here means whatever is necessary to overcome your resistance. They can take the backpack off of you, and if you put up a fight they can use enough force to defeat you. There is basically no way you can legally prevail in a situation like this.

If you are charged with theft then the prosecution will have the burdenof proof, but don't count on the "I already had these items in my backpack" defense to save you. Jurors are not stupid, and they know that people do not just happen to have a backpack full of identical merchandise when they walk into a store. If you think 12 people will be dumb enough to be taken in by such an argument then you seriously underestimate your fellow citizens.

After all, falling for an argument like that is even more stupid than asking a bunch of lawyers to help you figure out how to get away with shoplifting.