Legal Question in Criminal Law in Massachusetts
What if any are the charges for entering a retail store, grabbing an item, and then attempting to return that item for a store credit??? The following is what I have found for retail fraud and theft
(a) A person commits the offense of theft by shoplifting when he alone or in concert with another person, with the intent of appropriating merchandise to his own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following:
(1) conceals or takes possession of the goods or merchandise of any store or retail establishment;
(2) Alters the prive tag or other price marking on goods or merchandise of any store or retail establishment;
(3) Transfers the goods or merchandise of any store or retail establishment from one container to another;
(4) Interchanges the label or price tage from one item of merchandise with a label or price tag for another item of merchandise; or
(5)Wrongfully causes the amount paid to be less than the merchant's stated price for the merchandise.
So now if you do not conceal the item at any point. You do not alter any price tags or anything. You never leave the location you merely pass the item off as if it was previously bought. Now what could you possibly be charged with? And at that what could be the penalty for such an offense? I just cant seem to find any way to be charged through all the legal talk but I am sure if there is some you guys would know a lot more than me. I would appreciate any and all responses. Thanks
1 Answer from Attorneys
Assuming the person was caught and no credit was given and the item returned, the person can be charged with attempted larcency, in that the person was trying to steal the value of the credit.
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