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 Delaware, shoplifting is addressed under the state's theft laws, which are codified in Title 11 of the Delaware Code. Shoplifting is considered a form of theft and is defined as the intentional taking of merchandise from a retail establishment without paying for it, with the intent to deprive the merchant of the goods. The severity of the charge and the penalties involved typically depend on the value of the merchandise stolen. For example, if the value of the stolen goods is less than $1,500, it is classified as a misdemeanor. If the value exceeds $1,500, the offense is considered a felony, which carries more severe penalties. Additionally, Delaware law provides for specific penalties for shoplifting offenses, including fines, restitution to the merchant, and potential jail time. Repeat offenses can result in increased penalties. An attorney can provide more detailed information on the potential consequences of a shoplifting charge in Delaware.