Shoplifting

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Arizona Revised Statute §13-1805 states that a person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, the person knowingly obtains such goods of another with the intent to deprive that person of such goods by:

• Removing any of the goods from the immediate display or from any other place within the establishment without paying the purchase price; or

• Charging the purchase price of the goods to a fictitious person or any person without that person's authority; or

• Paying less than the purchase price of the goods by some trick or artifice such as altering, removing, substituting or otherwise disfiguring any label, price tag or marking; or

• Transferring the goods from one container to another; or

• Concealment.

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Arizona law provides that a person is presumed to have the necessary culpable mental state if the person knowingly conceals on himself or another person unpurchased merchandise of any mercantile establishment while within the mercantile establishment or uses an artifice, instrument, container, device or other article to facilitate the shoplifting.  Shoplifting requires the store to be open for business.  If the store is closed, it is considered burglary. 

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Shoplifting is a class 1 misdemeanor if the value of the goods stolen was less than $1,000 and was not a firearm. 

 

Shoplifting is a class 6 felony if the value of goods stolen was over $1,000 but less than $2,000 or if a firearm is shoplifted.

 

Shoplifting is a class 5 felony if the value of goods stolen was over $2,000, or to promote and assist gang activity, or shoplifting 3 times in 90 days and total value was $1,500 or more.   

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Shoplifting is a class 4 felony if a person uses an artiface, instrument, ontainer, device, or other article with intent to facilitate shoplifting.  Shoplifting is also a class 4 felony is a person commits shoplifting and has previously committed or been convicted within the past five years of two or more offenses involving burglary, shoplifting, robbery, organized retail theft, or theft.  

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Theft

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Arizona Revised Statute §13-1802 provides a comprehensive list of what theft entails.  Some of the more common ways a person can commit theft are when a person, without lawful authority, knowingly:

• Controls property of another with the intent to deprive the other person of such property; or

• Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant's possession for a limited, authorized term or use; or

• Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or

• Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person's own or another's use without reasonable efforts to notify the true owner; or

• Controls property of another knowing or having reason to know that the property was stolen; or

• Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another's services to the person's own or another's benefit without authority to do so; or

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Theft is a class 1 misdemeanor if the property or services taken is valued at $1,000 or less.

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Theft is a class 6 felony if the property or services taken is valued at $1,000 or more but less than $2,000.

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Theft is a class 5 felony if the property or services taken is valued at $2,000 or more but less than $3,000.

 

Theft is a class 4 felony if the property or services taken is valued at $3,000 or more but less than $4,000, except that of any vehicle engine or transmission is a class 4 felony regardless of value.  

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Theft is a class 3 felony if the property or services taken is valued at $4,000 or more but less than $25,000.

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Theft is a class 2 felony if the property or services taken is valued at $25,000 or more.

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