Overview
Shoplifting:
Shoplifting is commonly known as stealing goods from a retailer. A thorough legal definition of shoplifting is well stated in this shoplifting statute, Nebraska Code Sec. 28-511.01:
• A person commits the crime of theft by shoplifting when he or she,
• With the intent of appropriating merchandise to his or her own use
• Without paying for the same
• Or to deprive the owner of possession of such property or its retail value, in whole or in part, does any of the following:
• Conceals or takes possession of the goods or merchandise of any store or retail establishment;
• Alters the price tag or other price marking on goods or merchandise…
• Transfers the goods or merchandise…from one container to the next
• Interchanges the label or price tag from one item … for another
• Causes the cash register or other sales recording device to reflect less than the retail price of the merchandise (edited for brevity)
Penalties for Shoplifting:
• Charge: Theft of goods valued at $200 or less with no prior convictions
• Classification: Class 2 misdemeanor
• Penalty: Up to 6 months jail, and/or fine up to $1,000
• Charge: Theft of goods valued at under $200 with one prior conviction
• Classification: Class 1 misdemeanor
• Penalty: up to one year jail, and/or fine up to $1000
• Charge: Theft of goods valued at $200 - $500 with no prior convictions
• Classification: Class 1 misdemeanor
• Penalty: Up to one year jail and/or fine up to $1000
• Charge: theft of goods valued at $200-$500 with one or more prior convictions
• Classification: Class 4 felony
• Penalty: Up to five years jail, and/or fine up to $10,000
• Charge: Theft of goods valued at $200 or less with three or more prior convictions
• Classification: Class 4 felony
• Penalty: Up to five years jail, and/or fine up to $10,000
Diversion:
Diversion programs allow defendants to avoid a criminal conviction:
• Adult diversion is a voluntary pretrial program
• Offered as an alternative to the formal court process
• Successful completion of a diversion program: no conviction on criminal record
• Even if defendant is in diversion program, attendance is mandatory at all court hearings
• If a defendant fails to appear in court an arrest warrant will be issued
• Bond will be forfeited if defendant fails to appear in court
• Length of diversion program: 18 months
• Common cases for diversion: shoplifting, marijuana possession, 1st DUI,
• Upon successful completion criminal charges will be dismissed
• But arrest will not be removed from record (source: Sarpy County)
Summary:
Shoplifting is a crime of theft. Consequences can be severe, depending on the value of goods that were to be stolen. Diversion programs offer the defendant an option to avoid a conviction.
Resources:
Theft and Punishment
Shoplifting Rises in U.S. as Economy Drops
Elements of the Offense of Shoplifting:
These elements must be proven beyond a reasonable doubt to convict the defendant of shoplifiting:
(a) That the defendant intentionally concealed the merchandise, or otherwise altered the price
(b) That the defendant had the purpose of depriving the owner of the property by converting it to his or her property, and by not paying for it