{"id":376056,"date":"2018-01-04T10:46:04","date_gmt":"2018-01-04T15:46:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-shoplifting-laws.html"},"modified":"2018-01-17T18:55:33","modified_gmt":"2018-01-17T23:55:33","slug":"pennsylvania-shoplifting-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-shoplifting-laws.html","title":{"rendered":"Pennsylvania Shoplifting Laws"},"content":{"rendered":"\n
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Pennsylvania Shoplifting Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Award-winning actresses, popular athletes, and anxious adolescents are among those who have engaged in the "five-finger discount" in order to acquire the items that they crave. The act of shoplifting<\/a> is an offense that people engage in for various reasons. Regardless of the motive, the shoplifter can face negative consequences due to their actions, including jail time, fines, and damage to their reputation.<\/p>\n

Shoplifting typically involves a theft or a larceny from a retailer. Pennsylvania’s shoplifting laws are categorized under the retail theft law, separate from the other theft laws<\/a> in the state. When a person carries away, or transfers, any merchandise by a store or other retail entity with the intent of depriving the merchant of the use and benefit of the property, he or she has committed a retail theft.<\/p>\n

The penalties for retail theft increase as the cash value of the merchandise increases; the penalties also depend on the criminal history of the actor and will increase due to prior offenses.<\/p>\n

Pennsylvania Shoplifting Laws at a Glance<\/h2>\n

The chart below provides a summary of laws related to Pennsylvania’s shoplifting laws, including links to important code sections.<\/p>\n\n

Statute and Definition<\/b><\/p>\n<\/td>\n

Title 18, Section 3929<\/a> (Retail Theft)<\/p>\n

A person is guilty of retail theft when he or she (with the intent to deprive the merchant of the possession and the benefit of the merchandise) does any of the following:<\/p>\n

Penalties and Sentencing<\/b><\/p>\n<\/td>\n

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  • Summary Offense<\/b>: If it’s a first offense and the theft involves retail merchandise valued at less than $150. Penalty: sentence of up to 90 days in jail with fines of up to $300.<\/li>\n
  • Second Degree Misdemeanor<\/b>: If it’s a theft of merchandise valued at less than $150 with one prior offense. Penalty: sentence of up to 2 years in jail with fines of up to $5,000.<\/li>\n
  • First Degree Misdemeanor<\/b>: If it’s a theft of merchandise valued at $150 or more with no more than one prior offense. Penalty: sentence of up to 5 years in jail with fines of up to $10,000.<\/li>\n
  • Third Degree Felony<\/b>: If it’s a theft with a third or subsequent offense, regardless of the monetary value of the merchandise or a theft of merchandise valued at more than $1,000 or theft of a firearm. Penalty: sentence of up to 7 years in jail with fines of up to $15,000.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Possible Defenses<\/b><\/p>\n<\/td>\n

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  • Mistake of fact<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Related Offenses<\/b><\/p>\n<\/td>\n