by Gail Bertram

Created on: December 11, 2008   Last Updated: December 19, 2008

Shoplifting costs the United States retail market billions of dollars every year and can have dramatic affects on local and national commerce. In the year 2000, the state of New Jersey introduced tough new measures to ensure that shoplifters would feel the immediate and long-term financial and social cost of their crime.

A shoplifting offense has been committed if an individual:

1. Carries away any merchandise held or stored in a retail establishment with the intent of depriving the merchant without payment.

2. Uses any manner of concealment to hide merchandise with the intent of removing it from the store without payment.

3. Alters, transfers or removes the price-tag of the merchandise in order to attain the goods at a lower price than stated.

4. Transfers any merchandise from the display container with intent to exit from the store without providing payment.

5. Purposely undercharges a customer for goods in order to deprive the merchant of the full retail value.

6. Removes a shopping cart from the store premises without the merchant's express permission.

It is the responsibility of the retailer to prove that the shoplifting occurred with deliberate intent and was not accidental. If the goods are concealed on the accused, then it is assumed that the individual was willfully attempting to shoplift the merchandise.

The punishment for shoplifting is graded based on the retail value of the stolen item(s). If a classification cannot be downgraded, it means that the minimum sentence must be handed down without exception. These grades, from the lowest to the highest, and the associated punishments are as follows:

A disorderly persons offense verdict will be given if the value of the goods taken does not exceed $200. The associated punishment may be either a $1000 fine or a jail term of up to six months. Where the judge deems it appropriate, both a monetary fine and incarceration may be applied to the convicted.

The classification of fourth degree shoplifting is incurred by the theft of goods valued between $200 and $500. Possible sentencing includes a fine of up to $10,000, a maximum of eighteen months imprisonment, or both. This may be downgraded to a disorderly persons offense if relevant to the case.

A verdict of third degree shoplifting will be handed down for goods valued in excess of $500 but below $75,000. This classification of shoplifting is likely to result in five to eight years in jail and a fine of as much as $10,000. Depending on the intricacies of the case, imprisonment

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