Retail Theft / Shoplifting

Utah’s criminal code has a separate statute that prohibits retail theft. Retail theft is commonly called "shoplifting" or "petty theft." The crime of shoplifting can be charged as either a felony or a misdemeanor depending on the circumstances and the value of the property taken.

Most shoplifting cases involve taking property worth less than $500. If so, then the crime is usually charged as a class B misdemeanor. Crimes for retail theft and shoplifting are usually prosecuted under Utah's Criminal Code Section 76-6-602.

Retail theft and shoplifting cases are one of the few types of crimes committed by women more than men. The charges are serious because even a misdemeanor conviction for a first offense of shoplifting is considered a "crime of dishonesty" or a "crime of moral turpitude."

A conviction for a crime of dishonesty comes with a lifetime of consequences. A conviction for shoplifting can show up in even the most basic of background checks. In many of these cases, the goal is being eligible to expunge the criminal record as quickly as possible.

Attorneys for Shoplifting in Salt Lake City, Utah

If you were charged with retail theft or shoplifting in Utah, contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP. With offices conveniently located in Salt Lake City, we are here to help.

Whether this is your first offense, or a second or subsequent arrest for theft, our attorneys work hard to protect you at every stage of the case as we fight for the best possible outcome. Let us put our experience to work for you.

Call (801) 532-5297 today to speak with an attorney about your case.

Additional Information about Retail Theft / Shoplifting

• Penalties for Retail Theft 
• Elements of Retail Theft
• Detention of Suspected Shoplifters by Merchants
• Additional Resources

Penalties for Retail Theft

The crime  of shoplifting or retail theft is punished under the Utah code  76-6-412 for theft.

Second-degree felony

• Value of the property is $5,000 or more
• Property stolen is a firearm or motor vehicle
• The offender committed the theft while armed with a dangerous weapon

Third-degree felony

• Value of property is between $1,500 and $4,999
• Value of property is between $500 and 1,499, the crime is committed on property where the offender has been convicted of theft in the last five years, and the offender is prohibited from entering the property by the merchant

Class A misdemeanor

• Value of property is between $500 and 1,499
• Value of property is below $500, the crime is committed on property where the offender has been convicted of theft in the last five years, and the offender is prohibited from entering the property by the merchant

Class B misdemeanor

• Value of property is below $500

For additional details and special stipulations, please see Utah code 76-6-412.

Elements of Retail Theft Utah’s criminal code, section 76-6-602, sets out the elements of retail theft as follows:

knowingly taking possession of, concealing, carrying away, transferring or causing to be carried away or transferring, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention ofretaining such merchandise or depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the retail value of such merchandise

• alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value of any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the retail value with the intention of depriving the merchant of the retail value of such merchandise

• transfers any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the retail value of such merchandise

• under-rings with the intention of depriving the merchant of the retail value of the merchandise

• removes a shopping cart from the premises of a retail mercantile establishment with the intent of depriving the merchant of the possession, use or benefit of such cart.

Detention of Suspected Shoplifters by Merchants

According to Utah code 76-6-603, if a merchant has probable cause to believe that a person has committed retail theft, the merchant may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:

• to make reasonable inquiry as to whether such person has in his possession unpurchased merchandise and to make a reasonable investigation of the ownership of such merchandise
• to request identification
• to verify such identification
• to make a reasonable request of such person to place or keep in full view any merchandise such individual may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase, or for any other reasonable purpose 
• to inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer
• in the case of a minor, to inform a peace officer, the parents, guardian, or other private person interested in the welfare of that minor immediately, if possible, of this detention and to surrender custody of such minor to such person

If the detention occurs off the premises of the retail mercantile establishment, the detention must be after an immediate pursuit of such person.

Utah section 76-6-604 provides a defense for a merchant who detains a person after finding probable cause to believe the person committed retail theft and the merchant acted reasonably under the circumstances. The defense applies to a civil lawsuit brought by any person detained who claims any of the following:

• false imprisonment
• false arrest
• assault
• unlawful detention
• defamation of character
• trespass
• invasion of civil rights

Additional Resources

Statutes for Retail Theft in Utah - Visit the website of the Utah State Legislature to find the statutory language for retail theft and other offenses against property in Part 6. Find the definitions, acts constituting retail theft, special protections for merchants who detain suspected shoplifters, penalties for shoplifting, and penalties for removing theft detection shielding devices.

Finding an Attorney for Retail Theft in Salt Lake City, Utah

If you were charged with retail theft or shoplifting in Salt Lake City or the surrounding areas in Utah, contact an experienced criminal defense attorney to discuss your case.

Find out what you need to do right now to protect yourself against a false or exaggerated accusation. We also represent clients charged with removing theft detection devices or using detection shielding services.

Let us put our experience to work for you. Call (801) 532-5297 today to speak with an attorney at Brown, Bradshaw & Moffat who is experienced in defending theft crimes in Utah.