Scan or Scam? Legal Insights on Self-Checkout Shoplifting Accusations
Are you being paid to check yourself out at the store? Maybe not, but you're responsible for every item you scan... or don't scan.
In today’s fast-paced world, self-checkout lanes are common in many stores, offering convenience and speed. However, they come with challenges. One major issue is accidentally missing items during scanning. Whether it’s a forgotten item at the bottom of the cart or a barcode that didn’t scan, these mistakes can lead to serious legal trouble.
Customers, who aren’t trained cashiers, are often held responsible for these errors. In Indiana, even unintentional actions can be seen as shoplifting. This blog will explore Indiana’s shoplifting laws, especially with self-checkout systems, and provide tips on how to protect yourself.
WHAT IS SHOPLIFTING UNDER INDIANA LAW?
In Indiana, “shoplifting” isn’t a legal term. What we call “shoplifting” can be charged as either conversion or theft.
Conversion: You can be charged with criminal conversion if you knowingly or intentionally take control of someone else’s property without permission.
Theft: You can be charged with theft if you knowingly or intentionally take control of someone else’s property with the intent to deprive them of its value or use.
While conversion and theft sound similar, there’s a key difference. Conversion doesn’t require you to deprive the owner of the property’s value. You can be charged with conversion even if you only intended to borrow something without permission.
Theft and Conversion Aren’t Just “Stealing”
Shoplifting isn’t just stealing from a store by carrying merchandise out without paying for it. It can take various forms, including:
Concealing items
Changing price tags
Refund fraud
Grazing (eating or sampling store goods), and
Failing to scan an item at a self-checkout.
Both conversion and theft can be charged as Class A misdemeanors, however, aggravating factors may push the crimes into felony territory.
Misdemeanor vs. Felony Charges for Shoplifting
In Indiana, both criminal conversion and theft start as Class A misdemeanors. However, certain factors can elevate these crimes to felonies. Knowing whether you’re facing a misdemeanor or felony is crucial, as it affects potential fines and sentencing.
Factors Elevating Theft and Conversion to Felony
For shoplifting, the main factor that can turn a charge into a felony is the value of the stolen property. Theft becomes a Level 6 felony if the stolen property’s value is between $750 and $50,000. It becomes a Level 5 felony if the value exceeds $50,000, the stolen item is a firearm, or you have a prior conviction for theft, criminal conversion, robbery, or burglary.
How is the value of merchandise allegedly shoplifted calculated?
In Indiana, a shoplifting charge can become a felony based on the item’s value. But how is this value determined? It could be the store’s cost, the fair market value, or the price tag. Indiana law allows using any of these methods. Usually, the fair market value is used, but if it can’t be determined, the replacement cost is used. Price tags or displayed prices are valid evidence of value. So, police and stores often use the store price to decide if the charge is a misdemeanor or felony.
Factors Affecting Sentencing
Whether charged as a misdemeanor or felony, several factors can influence sentencing after a conviction, including:
Prior convictions
Whether the defendant was armed during the incident
Having a detailed account of the event is essential for your defense.
Your Right to Legal Representation
Regardless of your guilt or innocence, you are entitled to legal representation. A defense attorney can help you explore potential defenses, such as:
Lack of Intent: If you accidentally failed to scan an item, you may not have intended to steal it.
Mistaken Identity: You might have been wrongly identified as the person who committed the act.
Errors in Store Security: Technological errors can occur, leading to wrongful accusations.
The Impact of Conviction
A shoplifting charge, even if minor, can have long-term repercussions on your personal and professional life. Employers may see the charge during background checks, and it could affect your relationships with friends and family.
Seeking Legal Counsel
Understanding the implications of a conversion charge and the defenses available is critical. Don’t risk being convicted of a crime you didn’t commit. Seeking legal counsel can provide you with the best opportunity to avoid charges and potential penalties.
If you find yourself facing a shoplifting charge, consider reaching out to defense attorney Matthew Chapel, who has over 20 years of experience in handling such cases. He offers free consultations and is committed to ensuring you receive the best defense possible.
Conclusion
Understanding shoplifting laws, the potential impact on your life, and your rights is essential. If you are in this situation, give us a call at (260) 387-6236 or fill out our Contact Form to schedule your FREE CONSULTATION.