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 Michigan, shoplifting is addressed under the state's retail fraud laws, which are found in the Michigan Penal Code. Retail fraud, commonly referred to as shoplifting, is classified into three degrees based on the value of the stolen goods. First-degree retail fraud involves goods valued at $1,000 or more, or if the individual has a prior theft conviction, and is a felony punishable by up to 5 years in prison and/or a fine up to $10,000 or three times the value of the stolen property. Second-degree retail fraud applies to goods valued between $200 and $1,000, or if the individual has a prior theft conviction, and is a misdemeanor punishable by up to 1 year in jail and/or a fine up to $2,000 or three times the value of the stolen property. Third-degree retail fraud involves goods valued at less than $200 and is a misdemeanor punishable by up to 93 days in jail and/or a fine up to $500 or three times the value of the stolen property. Enhanced penalties may apply for repeat offenders. Additionally, Michigan law allows for civil recovery for retail theft, where retailers can demand compensation from the shoplifter in a civil action.