F. Shoplifting

LibraryThe Criminal Law of South Carolina (SCBar) (2014 Ed.)

F. Shoplifting

Shoplifting is a separate statutory property offense found in S.C. Code Ann. §§ 16-13-105 to -140 (2003 and Supp. 2012). Section 130 provides that the offense is in addition to previously existing offenses, and is not meant to be exclusive of them. Consequently, for the same act, depending on the facts, one might be charged with either shoplifting or larceny. As will be developed, shoplifting covers a much broader range of conduct than does larceny.

(A) A person is guilty of shoplifting if he:

(1) takes possession of, carries away, transfers from one person to another or from one area of a store or other retail mercantile establishment to another area, or causes to be carried away or transferred any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use, or benefit of the merchandise without paying the full retail value;
(2) alters, transfers, or removes any label, price tag marking, indicia of value, or any other markings which aid in determining value affixed to any merchandise displayed, held, stored, or offered for sale in a store or other retail mercantile establishment and attempts to purchase the merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of the merchandise;
(3) transfers any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment from the container in which it is displayed to any other container with intent to deprive the merchant of the full retail value.

S.C. Code Ann. § 16-13-110 (2003 and Supp. 2012).

The statute proscribes three different types of action, each of which must be accompanied by "the intention of depriving the merchant of the possession, use, or benefit of the merchandise without paying the full retail value" Id. (emphasis added). The "full retail value" is defined as the "stated or advertised price of merchandise." S.C. Code Ann. § 16-13-l05(2) (2003). The proscribed actions include: (1) taking possession of or carrying away, transferring from one person to another or from one area of the store to another an item of merchandise or the causing of same; (2) the transferring, altering or removing of any indication of price on the item of merchandise coupled with an attempt to purchase the item at less than full retail value; and...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT