Washington’s Shoplifting Laws at a Glance
Washington State shoplifting laws are governed by Chapter 9.91 RCW, Theft and Robbery. Committing a theft offense is considered to be an offense against property. "Theft" is defined under RCW 9A.56.020 as "to exert wrongful control over the property or services of another by any deceitful means or by threat." A person commits theft if they "obtain or exert unauthorized control over property or services by color or deception." RCW § 9A.56.020(1)(a),(2). "Color or deception" means "(i) An affirmative misrepresentation as to a fact, value, intention, or state of mind, which which, if true, would have prevented the obtainment of the property or services; or (ii) any other trick or scheme used with intent to defraud; or (iii) preventing another from acquiring information which would affect judgment as to a transaction; or (iv) preventing another from acquiring title to property or a material part thereof by making a promise without intending of performing it; or (v) promising performance, which the person knows will not be performed; or (vi) issuing or transferring an instrument , device, or token in the name of the other without authority." RCW § 9A.56.020(4).
A person is guilty of shoplifting (theft) in Washington if he or she "takes, possesses, conceals, or disposes of goods or merchandise" held for sale and weighs less than $1,000. This crime is a gross misdemeanor. RCW § 9A.56.220. The crime is punishable with a imprisonment for up to one year, and/or a fine of $5,000. RCW § 9A.20.021. Alternately, an alternative disposition is available for first-time offenders. RCW § 9.94A.650.
The possible penalties for shoplifting in Washington are:
An individual convicted of shoplifting may also be found liable for civil damages to the alleged victim. RCW § 9A.56.310(1). If the value of the property taken is less than $50, the civil damages are $50. If the value of the property taken is between $50-$100, the damages are $100. If the value is between $100-$500, the damages are $200. If the value of the property taken is $500 or higher, the damages are $500. RCW § 9A.56.310(2).
Penalties for Shoplifting in Washington
Shoplifting convictions can have a serious impact on your ability to get a job or even be allowed to rent an apartment. If you are gambling whether to push the limits of Washington’s "lifetime ban" on prosecutions for retail theft, you want to be sure you know all possible ways in which a conviction can damage you. In terms of penalties, the simplest way to analyze this is to focus on the largest possible fine and the largest possible jail sentence.
First, if you attack a person while shoplifting you will be charged with robbery in the second degree. Washington law calls for a maximum sentence of five years. However, the law sets a very high possible fine for robbery. You could be sentenced to pay 200% of the amount you stole. This is an extremely stiff penalty. Few people have sufficient income to pay such a fine.
Generally, first time shop lifting only goes on your record if you steal more than $750.00. However, even minor amounts may still subject you to a fine. For instance, a $5.00 shop lifting case could still amount to a $200.00 fine. This probably will not generate an income tax liability. However, it is still a very serious penalty for a minor matter.
Second time offenders face a minimum punishment of 90 days of jail. It is conceivable that a judge might find a way to impose a shorter sentence if the crime is very minor. However, you should not expect this.
A person convicted of a misdemeanor offense is also subject to 24 months of probation. If you violate the terms of your probation you may face jail time and fines. The length of any prison term imposed after a violation is in the discretion of the judge. However, you could easily end up serving up to 364 days in jail.
The penalty for the shop lifting and the subsequent crime are separate. For instance, if you were charged with shop lifting a $10.00 candy bar and barged through a store door pushing down a security guard, you did not commit robbery. However, you committed two different crimes and face two different crimes. This means you could go to jail for 364 days for the shop lifting charge and another 5 years for the robbery charge. While it is very unlikely both would be imposed, the problem is both would go on your record.
Levels of Shoplifting Offenses
Shoplifting offenses in Washington are classified as either misdemeanors or felonies, depending on the dollar value of the items in question. As a general rule, shoplifting becomes a felony when you take property worth over $750. If you shoplift property worth less than $750, you will be charged with a misdemeanor.
A misdemeanor is regarded as a less serious crime, and as such it does not typically lead to incarceration. If convicted for a misdemeanor offense, you could face up to a year in jail, $5,000 in fines, or both. Often, the penalties for misdemeanors are not enforced, and people convicted of misdemeanors are simply placed on probation and subjected to court supervision.
Felonies are much more serious crimes, and consequently they come with harsher penalties. A felony may be "wobbler," in which case it can either be charged as a misdemeanor or a felony. More often than not, however, a felony is considered a serious charge, and if you are convicted for a felony shoplifting offense, you may be sentenced to prison and forced to pay large fines.
The misdemeanor/felony threshold for shoplifting is generally determined by local law. In some jurisdictions, stealing goods worth $50 or less is a misdemeanor, while stealing property worth more than $50 is a felony. In other jurisdictions, the threshold is $500 or even $1,500. Other states have different terms; for example, in Iowa the threshold is 2nd-degree theft which applies to property worth $1,000-$10,000. For property valued at less than $1,000, Iowa has 5th-degree theft which is a simple misdemeanor.
The dollar amount threshold in Washington State is $750. If you shoplift less than $750 in merchandise, you will be charged with a misdemeanor – either Theft in the Third Degree, which is a simple misdemeanor, or Theft in the Second Degree, which is a gross misdemeanor. Both misdemeanors are punishable by up to 364 days in jail and/or a fine of up to $5,000. Theft in the third degree can be charged as a simple misdemeanor or a gross misdemeanor, depending on the circumstances of the crime.
If the dollar value of the property that you stole exceeds $750, you will be charged with theft of a greater degree, either Theft in the First Degree or Theft in the Second Degree. First-degree theft refers to the taking, using, or in any way appropriating the property of another worth more than $5,000. Second-degree theft refers to the taking, using, or in any way appropriating the property of another worth more than $750 but less than $5,000. First-degree theft is a Class B felony and is punished by up to 10 years in prison and a fine of up to $20,000. Second-degree theft is a Class C felony and is punished by up to 5 years in prison and/or a fine of up to $10,000.
Shoplifting and Juvenile Crime
Juvenile shoplifting is treated somewhat differently in Washington than it is in most other states. To begin with, there is only one adult court system for defendants over 18 years of age, while juveniles are handled in a separate juvenile court system as well as in superior courts. The goal of juvenile court is to rehabilitate, not punish children, and the options for dispositions are quite broad. Juvenile court personnel, such as judges and probation officers, are flexible in their approach to wrongdoing by juveniles, and they will consider the facts and circumstances of each individual case.
The primary statutes governing shoplifting crimes in Washington are RCW 9A.56.020, RCW 9A.56.050, and RCW 9A.56.240. In Washington, it is a criminal offense to shoplift merchandise from any retail or wholesale store or warehouse. Shoplifting is defined as deliberately taking merchandise with the intent to deprive the owner of the merchandise. In most cases, diversion programs, such as STARR (Shoplifters Turned Retail Rehabilitated), are available to juvenile first-time offenders. A teenager’s involvement in a shoplifting scheme may be treated quite leniently within the juvenile system, depending in large part on the value of the goods taken and whether or not the accused has developed a pattern of shoplifting or other criminal conduct. For example, a 15-year-old’s $2,000 RFID scanner shoplifting spree or convicted 18-year-old repeat offender may be treated quite differently than a first-time shoplifting offender. A teenager who shoplifts because he or she has a critical need for the item in question, such as food or medicine, may be handled differently by the juvenile court system than a teenager without this need.
Shoplifting Defense Strategies
Examples of how proven elements may be defended against include lack of intent, in which case it might be shown that:
- items were taken from an improperly marked shelf,
- no attempt to leave the premises with the items was ever made, or
- that the person who has been arrested simply forgot and was distracted when leaving the store.
Mistaken identity might even arise when several people are in an area and someone is arrested for shoplifting, even though the particular person making the purchase hadn’t stolen an item .
As such, it is possible that a hidden camera or other type of video will show that the wrong person is being accused of the crime. As an example, perhaps the accused merely put items into a shopping bag before heading to the cash register. That scenario would indicate that the individual being charged with the crime did not commit theft because he or she had no intent to take the items or had simply forgotten to pay.
Intent and Shoplifting Crimes
Establishing intent is an integral part of any shoplifting case. Even if a person is apprehended inside the store with items in their possession, it is still possible that they did not intend on permanently taking these items and, in some cases, did not even have the opportunity.
The key to this argument is whether or not the accused had the necessary intent to steal the property. For instance, maybe the items in question were stacked outside of a shopping cart and they were handed to the accused by an intoxicated friend. If the accused did not put the items in the cart, put them on their body, or otherwise handle them likely to imply intent to steal them, it may be very challenging for the state to prove they intended to steal the items in question.
A person is charged with one of several degrees of theft in Washington State depending upon the value of the items alleged to have been stolen. For the purpose of enumerated degrees and values, Washington defines "theft" as the unlawful taking of someone else’s property. Often the suspect never leaves the premises before being apprehended. Therefore, where theft is enumerated as "shoplifting," it is a convenience afforded to prosecutors that allows these crimes to be punished more severely.
The first degree of theft occurs when the value of the property in question exceeds $5,000. The second degree of theft involves items valued at less than $5,000 but more than $750. Felony theft of a firearm, motor vehicle, or checking or savings checks also falls into this category. Third degree theft involves items worth less than $750 and falls under a gross misdemeanor classification. Due to the serious consequences of felony theft (potential imprisonment in excess of five years), Washington prosecutors and police departments aggressively pursue criminal complaints to prosecute even first-time offenders and accidents. Theft of property valued at less than $5 is termed trespass and is charged as a civil violation.
How Stores Can Prevent Shoplifting
In Washington, the major retailers – And Beyond! – have adopted a number of policies and procedures to prevent shoplifting. These include methods designed not only to deter would-be thieves from stealing, but to help identify potential shoplifters.
Surveillance Cameras
Most retail stores in WA, from large chains to mom-and-pop shops, use CCTV (closed-circuit television cameras) in their stores. All of these shops and stores use them for several purposes. For one, they help deter would-be thieves from stealing. Most thieves are opportunists. The mere presence of a surveillance camera may be enough to discourage many potential thieves from stealing store products.
Other uses of CCTV surveillance cameras can help identify potential store thieves if theft is actually occurring in the store. By placing the cameras in prominent locations around the store, it may well be possible to identify thieves who steal from the store. The ability to identify thieves is essential in helping to identify those persons who habitually steal from retail stores. With a consistent policy of the store to prosecute such violators, habitual thieves will learn that they will get caught and that they will face criminal prosecution for their theft. On the other hand, occasional thieves may not be as hard to deter if the potential thief believes he or she will only be stealing once. Frustration on the part of the store may result in a specific store realizing they need some other means to catch thieves.
Alarm Systems
Many stores in Washington have alarm systems in their clothing or accessories that trigger an alarm if someone were to intentionally detach a product from its display. The alarms act as a deterrent because thieves do not want to risk getting caught.
Store Employees
All store managers, supervisors, and employees should know the store’s policy toward shoplifting. Consistent enforcement of shoplifting policies sends a consistent message about the store’s tolerance for theft.
In addition, all employees and associates of the store should be trained to identify potential thieves. Mostly, employees should be trained to watch the behavior of suspicious persons. Typically, thieves employ two or more individuals per incident. Often, one shoplifter may distract the store clerk or cashier while the other shoplifter fills their bags or pockets with store items. Thieves usually work in groups for a number of reasons, but in Washington and most states, they may be charged as joint thieves or joint criminals if they act together to commit theft from a store.
Student Conduct Enforcement
Perhaps appropriate for their specific type of store, many Washington retailers are also employing security patrols to enforce their store policies against students who enter the store during school hours. Most stores will post signs advising students that they will not be served or sold anything if they are entering the store during school hours. If they are on school property, most stores will not serve them regardless of whether they are on their lunch hour or whether they are not on school grounds unless they are employing regular store policy.
Finding Legal Help
If you’ve been accused of shoplifting goods, it is critical that you have solid legal assistance as soon as possible. Washington State law is complicated and when you are facing theft charges, the consequences can be severe. Because this is a serious crime, the penalties can be harsh and may involve steep fines and jail time. If there are more severe circumstances present, like whether you used a weapon or other dangerous item in the act, you might even find yourself in state prison.
One of the best ways to ensure that you reach an optimal outcome in your case is to hire legal representation as soon as possible. While you have a right to a defense attorney that you’ll be provided at no cost to you, it’s recommended that you get your own. By hiring a defense attorney as soon as possible , you will find the process quick and simple.
If you cannot afford a criminal defense attorney, however, there will be organizations in your local area that are willing to offer assistance at little or no cost. The American Bar Association has a variety of resources at their disposal that they can connect you with. They can help you in finding an attorney as well as providing contact information for the bar associations in your local area.
Of course, it should go without saying that you should only trust reliable sources. Trust the police, your friends and family, your lawyer and the court. Do not think that you can outsmart the law somehow. Ultimately, the best way to approach your Washington shoplifting case is by cooperating and following the advice of your criminal defense attorney.