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 Indiana, shoplifting is considered a form of theft and is covered under Indiana Code Title 35, Article 43, which deals with criminal offenses against property. The severity of the charge and the penalties involved depend on the value of the merchandise stolen and the circumstances of the theft. For items valued at less than $750, the offense is typically classified as a Class A misdemeanor, which can result in up to a year in jail and a fine of up to $5,000. If the value of the items is between $750 and $50,000, or if the person has a prior theft or conversion conviction, the offense is elevated to a Level 6 felony, which carries a heavier penalty of six months to two and a half years in prison and a fine of up to $10,000. Theft of property valued over $50,000 or theft of a firearm can result in a Level 5 felony charge, with even more severe penalties. Additionally, Indiana law allows for civil remedies, meaning the merchant may demand payment for the retail value of the merchandise plus a penalty.