Texas Shoplifting Laws

Texas defines shoplifting as the intentional and unlawful taking of property from a store, retailer, or merchant, with the intent to deprive the store or retailer of the property without their consent. Shoplifting in Texas is a serious crime and may be classified as a misdemeanor or felony.

The classification and penalties faced by an alleged offender are typically based on:

• The value of the goods
• Whether force was used
• That alleged offender’s criminal history

Traditionally considered a crime of moral turpitude, a shoplifting arrest or theft conviction can seriously impact the opportunity for employment and result in a permanent reputation as an untrustworthy person. If you or a loved one is facing shoplifting crimes in Texas, contact a San Antonio theft lawyer as soon as possible.

Penalties for Shoplifting in Texas

The Texas Penal Code classifies shoplifting as either a misdemeanor or felony offense. The following is a breakdown of shoplifting crimes and punishments from the least severe misdemeanor to the highest felony level, including their monetary fines:

• Shoplifting is a Class C misdemeanor when the property value taken is under $100. Class C misdemeanors are punishable by a fine of up to $500
• Shoplifting is a Class B misdemeanor when the property value taken is more than $100 but less than $750. Class B misdemeanors are punishable by a fine of up to $2,000 and 180 days in jail
• Shoplifting is a Class A misdemeanor when the property value taken is $750 or more but less than $2,500. Class A misdemeanors are punishable by a fine of up to $4,000 and 180 days in jail
• Shoplifting is a state jail felony if the property value taken is more than $2,500 but less than $30,000. A state jail felony is punishable by a fine of up to $10,000 and 180 days to two years in state jail
• Shoplifting is a Third Degree felony when the property value taken is more than $30,000 but less than $150,000. A Third Degree felony is punishable by a fine of up to $10,000 and two to ten years in prison
• Shoplifting is a Second Degree felony when the property value taken is more than $150,000 or less than $300,000. A Second Degree felony is punishable by a fine of up to $10,000 and two to twenty years in prison
• Shoplifting is a First Degree felony when the property value taken is more than $300,000. A First Degree felony is punishable by a fine of up to $10,000 and five to ninety-nine years in prison

It is important to note that shoplifting charges involving the taking of multiple items permit determining the charges and penalties of the shoplifting crime based upon the aggregate amount of the items. The alleged shoplifting offender may also have civil damages to contend with in addition to any criminal costs, including paying for a San Antonio criminal defense lawyer.

The Texas Theft Liability Act

Under the Texas Theft Liability Act, anyone who is a victim of a theft offense can sue the alleged shoplifter for civil damages. This is in addition to the criminal penalties and fines levied upon a convicted shoplifter.

According to Texas Civil Practice and Remedies Code, a victim of a theft offense can recover the amount stolen, punitive damages up to $1,000, court costs, and reasonable attorneys fees from the alleged shoplifter. If the accused is a minor, the retailer may sue the minor’s parents for up to $5,000.