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 New York, shoplifting is addressed under the state's larceny laws, which are found in the New York Penal Law. Shoplifting is considered a form of petit larceny or grand larceny, depending on the value of the stolen items. Petit larceny, defined under Section 155.25, involves property valued at $1,000 or less and is classified as a class A misdemeanor. Grand larceny is divided into four degrees, from fourth degree (Section 155.30) for property valued over $1,000 up to first degree (Section 155.42) for property valued at over $1 million, with the severity of the charge increasing with the value of the stolen goods. Grand larceny can range from a class E felony to a class B felony. Penalties for shoplifting in New York can include fines, restitution, and jail or prison time, depending on the severity of the offense and the value of the items stolen.