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 Massachusetts, shoplifting is addressed under Massachusetts General Laws Chapter 266, Section 30A. The law defines shoplifting as the act of intentionally taking merchandise offered for sale without paying for it, with the intent to deprive the retailer of the merchandise permanently. The penalties for shoplifting in Massachusetts vary based on the value of the goods stolen. If the value of the merchandise is $250 or less, it is considered a misdemeanor, punishable by a fine of up to $250 for a first offense, up to $500 for a second offense, and a fine of up to $500 and/or imprisonment in a jail for not more than 2 years for a third or subsequent offense. If the value of the stolen goods exceeds $250, the offense is classified as larceny, which is a felony, and can result in harsher penalties including imprisonment. Additionally, Massachusetts law allows for civil penalties where the merchant may seek damages in civil court from the offender or the parents of a minor offender.