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 Montana (MT), shoplifting is considered a form of theft and is governed by the state's theft statutes. The laws classify shoplifting under various degrees of theft, depending on the value of the goods stolen. For instance, if the value of the stolen property is less than $1,500, it is considered a misdemeanor, which can result in fines and/or imprisonment. If the value exceeds $1,500, the offense is classified as a felony, leading to more severe penalties. Montana law also includes provisions for civil liability, where the merchant can demand and possibly sue for damages from the individual who committed the shoplifting. The specific statutes detailing shoplifting and related penalties can be found in the Montana Code Annotated (MCA), particularly in the sections related to theft.