We’ve all been there – browsing the aisles, trying to discreetly tuck away an item we’d rather not have others see. Maybe you wanted to save a best-selling book to buy it for later by hiding it somewhere in the store. However, did you know that simply concealing merchandise could get you into legal hot water?
Concealment is theft
At first glance, concealing merchandise in a store might seem different from shoplifting. After all, you haven’t left with the item yet. Nevertheless, in Florida, the law sees things differently. Shoplifting itself falls under the broader category of retail theft, which typically involves taking merchandise from a store without paying for it. Retail theft also includes:
- Altering or removing a label, price tag or marking
- Transferring items from one container to another
- Removing merchandise from a store or retail establishment or from its immediate vicinity by concealment
This means concealing items, such as hiding it in a different shelf, with the intention of depriving the merchant of its possession or benefit is legally considered a form of retail theft. It’s worth noting that the act alone can be enough for a theft charge though you haven’t stolen anything from the store.
Potential consequences
The consequences can vary based on the value of the item and your prior record. For first-time offenders with items valued under $100, it’s usually a second-degree misdemeanor. This can result in up to 60 days in jail and a $500 fine.
Still, don’t let these numbers lull you into a false sense of security. Repeat offenses or higher-value items can quickly escalate to more serious charges, including felonies. Additionally, some stores that have strict no-tolerance policies and may pursue legal action even for minor incidents.
Seeking legal guidance
While concealment and theft are two different actions, keep in mind that Florida law treats them similarly. If you find yourself facing accusations of retail theft, consider consulting with a legal professional. They may help you understand the nuances of the law and provide guidance tailored to your specific circumstances.