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 West Virginia, shoplifting is considered a form of theft and is addressed under the state's theft and larceny laws. The West Virginia Code (§61-3A-1 et seq.) specifically addresses shoplifting, defining it as the willful taking away of merchandise offered for sale by a retail store with the intent to convert it for one's own use without paying the store's stated price. The severity of the charge and the penalties involved depend on the value of the merchandise stolen. For goods valued at less than $500, the offense is typically treated as petit larceny, which is a misdemeanor. If the value of the stolen goods is $500 or more, the offense is considered grand larceny, which is a felony. Penalties can include fines, restitution to the merchant, and jail or prison time. Repeat offenses can lead to more severe penalties. Additionally, West Virginia law allows merchants to recover civil damages from adult or emancipated minor shoplifters or the parents or guardians of unemancipated minor shoplifters.