Is this considered shoplifting?

Question

If an item just happens to 100% accidentally fall into someone's purse, like a small cosmetic or something, or if a person is in a rush and puts a lipstick or something into their purse because they weren't even thinking, would they be able to get out of charges if they were caught if they just explained?

BTW- this is all just hypothetical. My friend and I were discussing this and just wanted to know the real deal.

Answer 1

Yes it is..

Answer 2

thats still shoplifting.

Answer 3

In order for a store's asset protection staff to legally detain somebody for shoplifting, they first have to see you conceal an item, then keep an uninterrupted eye on you to make sure you didn't maybe have a change of heart and put the item down on another shelf somewhere, and then see you walk out of the store with it. If something truly falls into your purse by accident, and the security staff chooses to see it as deliberate concealment, you're unlikely to get off the hook. And if you put something into your pocket absent-mindedly, that is even less of a defense. Hopefully, the staff will assume it was an honest mistake, but some stores have very aggressive zero-tolerance policies towards shoplifting. Basically, anytime you walk out of a store with an item without paying for it, that's considered shoplifting. So if you have a problem with things falling into your purse, consider keeping a wallet instead.

Answer 4

Nope.  I wouldn't believe it was an accident.  Keep your purse closed, off the counters and hands away from your pockets. Then you won't have to worry about being accused.

Answer 5

You guys must of been super bored to come up with something like this. It's shoplifting if you see it that way. Some people say " you have it but you didn't pay for it. " Others will say that you had no idea so you didn't steal it. You'd have to have an innocent face to get away with that.

Answer 6

It depends on the state's statute.  If intent is a requirement of the crime, and the jury believes that the defendant had no intent, then no crime was committed.

For example, assault may require intent: purposely or knowingly touching another without consent.  Yet if you trip and land into another person, this is not assault because it was not done purposely or knowingly- no intent.

Answer 7

That is shoplifting.

Answer 8

Remember justice is blind. If it was a true accident, and it "fell" into your purse, you should be able to get away unscathed.  If you put it into your purse, thinking or not, that is stealing.

Answer 9

YOU COULD GET AWAY WITH IT IF YOU COULD GET THE JUDGE OR ANYONE TO BELIEVE YOU BUT THAT IS VERY UNLIKELY

Answer 10

/ No, it is not shoplifting.  This is why pens are embossed with advertising...because they change hands all the time.

Many years ago, I spent two years as a Store Detective for two different major department stores, and actually arrested a significant number of people for shoplifting.

Your scenario is not shoplifting if you realize the mistake, or never realized the mistake until stopped, and it is pointed out.

As a Store Detective, I watched the actual shoplifting take place, then waited for the person(s) to leave the store, and made the arrest outside the store.

When someone 'accidentally' had an item, but forgot about it, and exited the store, it was obvious to me, and I stopped them, told them about the item, and usually they were very embarrassed, but no harm done.

This is mostly for items that don't have an inventory control tag attached, and it can easily happen.

The Store Detective has the option of the person being arrested or detained.

I have seen young girls take makeup and jewelry "to steal", then put it back.  Although I could have arrested them for that, it was clear that they changed their mind about the theft before exiting the store, so I let them go.

This being said, you can't go around to different stores "acting" like it is an accident, because once caught, information is shared among all stores (Stores Mutual Association).

  

Answer 11

Wouldn't buy it. Even though it can happen, I still wouldn't buy it.

Answer 12

Hypothetically, any theft requires a "guilty mind"... meaning you had to intend to steal.  Not guilty!!