Shoplifting or retail theft laws vary from state to state, and in many states the act of shoplifting—taking displayed goods from a commercial retail store during store hours and without paying for the goods—is classified as the criminal offense of theft or larceny.
Shoplifting, theft, and larceny laws are often classified in part by the value of the goods stolen, attempted to be stolen, or intended to be stolen. These laws are generally located in a state’s statutes—often in the penal or criminal code.
In Florida, shoplifting or retail theft is addressed under Florida Statutes Section 812.014, which defines theft as knowingly obtaining or using, or endeavoring to obtain or use, the property of another with intent to, either temporarily or permanently, deprive the other person of a right to the property or benefit from the property. The classification of the theft, including shoplifting, is determined by the value of the merchandise taken. If the value of the goods stolen is less than $300, it is typically considered petit theft, which can be classified as either a second-degree misdemeanor (for property valued at less than $100) or a first-degree misdemeanor (for property valued between $100 and $300). If the value exceeds $300, the offense is generally classified as grand theft, which can range from a third-degree felony to a first-degree felony, depending on the value of the stolen property and other factors. Enhanced penalties may apply for repeat offenses or if certain tools are used to facilitate the theft. Additionally, Florida law provides for specific civil penalties for shoplifting, allowing merchants to demand and receive compensation from offenders.