Legal Question in Criminal Law in Washington

Re: Attempted theft in a store

The facts that you have described are enough to establish probable cause to arrest for the crime of attempted theft.

With respect to your inquiry, theft is generally defined as exerting unauthorized control over property with intent to deprive the owner of such property. Criminal attempt is taking a substantial step toward committing a crime, e.g. concealing merchandise on self in a store with intent to leave without paying.

The burden for proving that the crime of attempted theft was committed is greater than that necessary to establish probable cause. A jury must be unanimous in concluding beyond a reasonable doubt that there was an intent to steal merchandise and that concealing the merchandise, along with other circumstances, was a substantial step toward completing that crime.

To review the "documentation", look up the following statutes:

RCW 9A.56.020 Theft -- Definition, defense.

RCW 9A.28.020 Criminal attempt.