How to Prove Intent in a Shoplifting Charge

Shoplifting laws vary slightly from state to state, but overall, shoplifting is categorized as a crime of theft or larceny. It involves carrying, hiding or manipulating private goods and property with the intention of leaving the premises without paying for it. Proving intent in a shoplifting charge involves providing sufficient evidence that the suspect intended to cause loss to the property owner, by taking away the goods. The intent to shoplift can be proven even if the act of shoplifting was not completed. However, you will require sufficient evidence in the form of video recordings and witnesses to have a strong case.

Instructions

    • 1

      Describe the events that took place in your premises by first stating that the suspect approached the display where your merchandise was. Indicate clearly that the suspect was not carrying any other merchandise when he approached your own merchandise. This will eliminate any possibility that the allegedly stolen merchandise was actually something that the suspect had bought earlier and brought in for exchange.

    • 2

      State in court that you saw the suspect select, modify or conceal a good from your display. Tell the court that you made your presence known and gave the suspect a chance to return the concealed merchandise but she did not. Provide evidence such as video and CCTV footage to prove that the good was carried off the display and concealed on the suspect, on another person, or in a bag or a trolley.

    • 3

      Explain that the suspect carried the merchandise past the checkout counter without paying for it. Use witness accounts from loss prevention personnel in the premises, employees and other customers who were present when the suspect went past the checkout counter. Provide video footage or photographic evidence proving these events.

    • 4

      Present an account of how the merchandise was recovered from the suspect. Explain to the court that you apprehended the suspect and questioned him. Provide an admission written or recorded by the suspect during the interrogation by the loss prevention personnel or employees. Indicate to the court if the suspect resisted your apprehension after walking past the checkout counter.

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