Managing Attorney
In Texas, a shoplifting charge can be very serious. In addition to potential criminal penalties, such as jail time or a fine, a person charged with shoplifting could face a permanent criminal conviction. But how is “shoplifting” defined in Texas? What happens if you return the items that were stolen to the store?
How is shoplifting charged in Texas?
In Texas, there is no offense known as “shoplifting.” What most people think of as shoplifting (leaving a store without paying for merchandise) is charged as theft, which is defined to include unlawfully “appropriating” property with the intent to deprive the owner of the property. As discussed below, due to the way “theft” is defined in Texas, it can also include other acts – such as changing the tags on items – even if you did not leave the store.
The seriousness of a theft charge and whether it will be classified as a misdemeanor or felony depends on the value of the items stolen or appropriated. In Texas, the punishment range for theft is as follows:
- Theft of merchandise valued at less than $100 is a Class C misdemeanor. The punishment for a Class C misdemeanor is a fine of up to $500.
- Theft of merchandise valued between $100 and $750 is a Class B misdemeanor. The punishment for a Class B misdemeanor is a fine of up to $2,000 and up to 180 days in jail.
- Theft of merchandise valued between $750 and $2,500 is a Class A misdemeanor. The punishment for a Class A misdemeanor is a fine of up to $4,000 and up to one year in jail.
- Theft of merchandise valued between $2,500 and $30,000 is a state jail felony. The punishment for a state jail felony is a fine of up to $10,000 and between 180 days to 2 years in jail.
- Theft of merchandise valued between $30,000 and $150,000 is a felony in the third degree. The punishment for a felony in the third degree is a fine of up to $10,000 and between 2 and 10 years in prison.
Do you have to leave a store to be charged with theft or shoplifting?
No. Theft does not just include what most people think of as “stealing” or “shoplifting.” Under the theft statute, “appropriation” (which is how theft is defined) includes “exercising control” over an item, not just “stealing” (which could mean different things to different people). As a result, if a person “exercises control over an item” with the intent to deprive – for example, by changing the tags on items in a store – a theft has been committed as defined under Texas law.
Is it a defense to return stolen property to a store?
In Texas, it is not a defense if stolen property is returned to the store or owner. The offense of theft is complete when a victim’s property is “appropriated” by a defendant with the intent to deprive the owner of it. What happens after a theft has been committed is not a legal defense and a person could still be charged with the original theft. If you are charged with theft anywhere in the Houston area, call Ceja Law Firm today. Our law firm regularly obtains dismissals and expunctions for clients charged with theft. Call Ceja Law Firm today for a free consultation.
