Legal Question in Criminal Law in Florida

shoplifting

Two teenagers, who happen to be friends, walk into a store together. Both are browsing separately throughout the store. One goes to find the other to leave when she notices her friend is stuffing something in her sock. She realizes at that point that her friend is stealing and tries to get her to put it back. But she refuses and they leave the store together only to be apprehended outside for shoplifting. Is the girl who did not steal anything considered guilty of shoplifting for leaving the store with the girl who did?


Asked on 12/03/99, 5:28 pm

1 Answer from Attorneys
Steven Casanova Steven G. Casanova, P.A.

Re: shoplifting

Of course there is no simple answer to anything in law BUT... the girl who did not posses the INTENT to commit the act would be not guilty, or probably not charged with the crime of retail theft. To be found guilty of this act specific intent is an element of the crime that the State must prove. From the facts that you have written, it would seem that the case could not be proved against this second person, thus a probable not guilty verdict would be the result in a jury trial. Good Luck, and I hope this helps.

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Answered on 1/05/00, 1:39 pm


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