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 Pennsylvania, shoplifting is legally referred to as 'retail theft' and is addressed under the Pennsylvania Consolidated Statutes, Title 18, Section 3929. The law classifies retail theft offenses based on the value of the merchandise taken or attempted to be taken. The grading of the offense ranges from a summary offense for items valued at less than $150 (first offense) to a felony of the third degree for items valued at more than $2,000 or if the item taken is a firearm or motor vehicle. Additionally, a third or subsequent offense of retail theft, regardless of the value of the merchandise, is graded as a felony of the third degree. Penalties for retail theft can include fines, restitution, community service, probation, and imprisonment, depending on the severity of the offense and the individual's criminal history. Enhanced penalties may apply for repeat offenders. It's important to note that both the act of taking merchandise and the possession of shoplifted goods can constitute retail theft in Pennsylvania.