Many shoplifting charges are the result of actual theft. People leave the store with merchandise for which they did not pay and get caught. However, people don’t even technically need to leave the store to be at risk of a shoplifting arrest and then theft charges.
Under the unique retail fraud or shoplifting statutes in Georgia, certain actions in the store could justify a shoplifting charge even if no theft actually occurs. What conduct might constitute shoplifting?
1. Tampering with security devices
There are a number of security devices that can deter shoplifting or alert employees to attempt to leave the store with merchandise. There are RFID sensors that activate security alarms and tags attached to clothing that can stain garments with ink if improperly removed. Anyone caught tampering with those devices or in possession of a device intended to deactivate or remove them could face charges.
2. Altering barcodes or price tags
Attempts to manipulate the checkout process can also constitute shoplifting. Even if people pay for an item, if they do not pay the full retail price for the merchandise, that may constitute shoplifting. Transferring the price tag or barcode from another product onto a more costly item can constitute shoplifting. So can any other attempt to alter the price tag or barcode.
3. Concealing items in other merchandise
When people buy a pair of shoes, they could potentially put a pair of sunglasses or an expensive bracelet inside the shoes. Hiding items inside other merchandise or on one’s person can lead to shoplifting allegations.
Those accused of shoplifting offenses in Georgia sometimes have reasonable explanations for what looks like criminal behavior. Working with a criminal defense attorney can help those accused of theft offenses fight the charges that they face.