Can You Be Arrested for Accidentally Leaving a Store With Merchandise? Georgia’s ‘Intent’ Requirement Explained

Several Georgians have accidentally left a Georgia store with unpaid merchandise. But you may wonder whether you can get arrested for shoplifting if you do. Forgetting to pay, getting distracted, or making an honest mistake doesn’t necessarily carry the same legal consequences as intentionally taking merchandise. If you are accused of shoplifting, and it was a sincere accident, here is what you should know. 

How is Shoplifting Defined in Georgia? 

Georgia law defines theft by shoplifting as taking certain actions with the intent to keep merchandise without paying for it or to deprive the store of the merchandise or its value. The law covers several types of conduct, including:

• Concealing or taking possession of merchandise
• Changing a price tag or other price marking
• Moving merchandise from one container to another
• Switching a label or price tag between items
• Causing the amount paid for merchandise to be less than the store’s stated price

The penalties depend on the value of the merchandise and the person’s prior shoplifting convictions. When the merchandise is worth $500 or less, the offense is generally a misdemeanor. However, additional convictions can increase penalties, including mandatory fines or periods of confinement. A fourth or later conviction can constitute a felony under the statute.

When the merchandise is worth more than $500, theft by shoplifting constitutes a felony punishable by one to ten years of imprisonment. Georgia law also provides felony penalties for certain repeat or aggregate shoplifting offenses involving merchandise taken from multiple stores or over a specified period.

How Does the ‘Intent’ Part of the Shoplifting Statute Work?

Under Georgia’s shoplifting statute, intent is a required element. A required element of a crime is something the prosecutor must prove happened for someone to be found guilty. If the prosecutor fails to prove even one required element beyond a reasonable doubt, the person cannot be convicted of that crime. Intent might be shown through a combination of the circumstances and actions, including: 

• Hiding merchandise in clothing, a bag, or another location
• Removing or changing price tags
• Walking past the checkout without paying
• Leaving the store with unpaid merchandise
• Trying to avoid store employees or security
• Taking steps to conceal the merchandise from view
• Acting as though the person is attempting to leave without paying
• Making statements or taking actions that indicate an intention not to pay for the merchandise

Intent matters because it helps distinguish someone who meant to steal something from someone who made an honest mistake. For instance, if a mother has children in the shopping cart, an item accidentally gets pushed and stuck under the diaper bag, and she walks out of the store without paying for it, she did not intend to steal it. That would be a different case from someone who goes into the store intending to steal, puts the item in their pocket, and walks out with it. 

Frequently Asked Questions

Can the store owner make me stay if they think I’ve stolen something?

A Georgia store owner has what is called “shopkeeper’s privilege.” Georgia Code § 51-7-60 gives stores some protection if they stop and hold someone they reasonably believe is stealing. The store can avoid liability for false arrest or false imprisonment if it had a good reason to suspect the person and the detention was reasonable in how it was handled and how long it lasted. In other words, stores can stop someone they suspect of theft, but they still have to act reasonably.

How is the value of shoplifted merchandise calculated in Georgia?

Under Georgia law, the value of shoplifted merchandise is based on its actual retail price at the time and place of the offense. The law does not generally use the amount a person paid for the item, a discounted price offered later, or its wholesale value. An unaltered price tag or other price marking may serve as evidence of the item’s value and ownership. For example, if a person shoplifts a jacket marked for $200, the jacket’s value for purposes of the shoplifting charge would generally be $200, even if the store later places it on sale for $100. The value can affect the classification and potential penalties.

What evidence can I use to prove that my actions were an accident?

Evidence like store video, receipts, payment records, witness statements, or messages can help show that you made an honest mistake rather than intentionally took something. What you did before and after leaving the store may also matter. Save anything related to the incident and don’t delete or change records that could help.

Can you only prove intent if the person admits they wanted to steal the item?

No. Intent doesn’t have to be proven by a person admitting what they intended to do. Intent can be inferred from a person’s actions and the circumstances surrounding the incident. For example, if a person takes a shirt off the rack, removes the price tag, hides it inside their backpack, keeps looking around the store, quickly walks past the checkout without paying, and heads toward the exit, those actions can show that the person intended to take the shirt without paying. Even though the person never says they planned to steal the shirt, their conduct and the surrounding circumstances can provide evidence of their intent.

Contact an Experienced Georgia Shoplifting Defense Attorney 

Shoplifting convictions can lead to legal and future consequences. Whether it was an accident or not, consult an experienced Georgia shoplifting defense attorney. A Georgia property crimes defense attorney can review what happened, including whether you intended to take the merchandise without paying. They can explain what charges you are facing and what options may be available.