by Rina Rose

Created on: November 14, 2011   Last Updated: November 17, 2011

Rhode Island Petty Theft Penalties and Defenses

If someone takes something that does not belong to them, it is a crime. The degree of theft depends on the value of stolen property, where it was stolen from, how many times the offender committed the crime, the type of property taken, and the age of the offender. Theft statutes vary from state to state. Rhode Island provides stringent penalties for the crime of petty theft.

The legal definition theft (also called shoplifting, larceny, or pilfering) is to permanently deprive someone else of their property. The statute covering petty theft is R.I.G.L. § 11-41-20. R.I.G.L. stands for Rhode Island General Laws. The dollar value Rhode Island assigns for the crime of petty theft for retail merchandise is $100 or less. Yet the laws don’t just apply to the person committing the theft. If anyone receives stolen goods, under R.I.G.L. § 11-41-2, whether or not the original thief was convicted, the person receiving stolen goods also faces penalties. The exception to this statute is if the person receiving the stolen property proves they paid “adequate consideration” for the goods, not knowing the goods were stolen; however, the burden of proof for innocence is on the receiver of the goods. The justice system assumes the receiver knows the property was stolen.

Petty theft, stealing anything valued at a retail establishment under the price of $100 does not just include walking out of the store with the merchandise. The crime, a misdemeanor, includes: price switching; leaving the store premises with the merchandiser’s shopping cart; eating a meal at a restaurant and leaving without paying for it; concealing merchandise while in the store; wearing clothes while concealing their tags in order to exit the store with the unpaid for merchandise, plus other ways thieves think up to steal merchandise or goods. If the petty larceny is against a person, it may include stealing bicycles, small amounts of cash, inexpensive jewelry, and other low-priced articles. Shoplifting laws are not simple or straightforward, since they include multiple provisions to determine the circumstances of theft.

After someone has stolen something, what are the penalties for that crime? First offenders can be liable for fines of $50-$500 or two times the retail value of stolen items. Offenders may also face one year in jail. For first time offenders of non-violent crime, a diversion program may be offered to avoid jail

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