North Carolina Shoplifting Laws

Statutes

• North Carolina General Statutes 14-72(a) (Larceny of property)
• North Carolina General Statutes 14-72.1 (Concealment of merchandise)
• North Carolina General Statutes 14-8.6 (Organized retail theft)

Penalties

Because North Carolina uses a complex sentencing formula, the actual penalties depend on specific circumstances such as criminal history.

Larceny of Property (Misdemeanor):

• If the property involved exceeds $1,000, then the offense is classified as a Class H felony, punishable by 4-8 months incarceration.
• If the property is valued at $1,000 or less, then the offense is a Class 1 misdemeanor, punishable by 1-45 days incarceration.

Concealment of merchandise: any individual who willfully conceals the non-purchased merchandise of any store, while still on the premises.

Penalty:

• First conviction: Class 3 misdemeanor; in lieu of imprisonment, 24 hours of community service may be performed.
• Second conviction: Class 2 misdemeanor, punishable by probation, community service, or both.
• Third conviction: Class 1 misdemeanor, punishable by at least 11 days incarceration or other sentence determined by the judge.

Organized Retail Theft: any person that commits the following:

• Conspires with another to commit theft of property from retail establishments with a value exceeding $1,500 aggregated over a 90-day period;
• With the intent to sell the property for profit; and
• Who takes/causes that retail property to be placed in the control of retail property fence or other person in exchange for consideration; or
• Receives or possesses any retail property that has been taken or stolen in violation of subdivision or having reasonable grounds to believe that property is stolen.

Any interest that has been acquired is subject to forfeiture.

Possible Defenses

• Lack of intent
• Mistake of fact

Related Offense

• Removal of shopping cart from shopping premises: North Carolina General Statutes 14-72.3