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 North Dakota, shoplifting is addressed under the state's theft laws, which are codified in the North Dakota Century Code (NDCC). Shoplifting is considered a form of theft and is treated as such under the law. The severity of the charge and the potential penalties depend on the value of the goods stolen. For example, as per NDCC Section 12.1-23-05, theft of property valued at less than $500 is considered a Class B misdemeanor, while theft of property valued over $500 but less than $1,000 is a Class A misdemeanor. The crime becomes a felony if the value exceeds $1,000, with increasing degrees of severity for higher values stolen. Additionally, North Dakota law allows for civil penalties, where the merchant may demand and sue for monetary damages from the shoplifter, which can include the retail value of the merchandise if not returned in sellable condition, plus a penalty, and the merchant's legal fees.