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 New Mexico, shoplifting is addressed under the state's theft laws, which classify the offense based on the value of the goods stolen. The New Mexico Statutes Annotated (NMSA) 1978, Section 30-16-20, specifically deals with shoplifting. If the value of the merchandise is $500 or less, it is considered a misdemeanor, while amounts exceeding $500 can lead to felony charges, with increasing severity for higher values. Penalties for shoplifting can include fines, restitution, and jail or prison time, depending on the value of the stolen items and the offender's criminal history. Additionally, New Mexico law allows for civil penalties, where the merchant may demand and sue for damages from the shoplifter.