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 South Dakota, shoplifting is addressed under the state's theft laws, which are codified in the South Dakota Codified Laws (SDCL). Shoplifting is considered a form of theft, which is defined as taking or exercising unauthorized control over someone else's property with the intent to deprive them of that property. The severity of the charge and the potential penalties depend on the value of the goods stolen. If the value of the stolen property is $400 or less, it is considered petty theft, which is a Class 2 misdemeanor. If the value is more than $400 but less than $1,000, it is grand theft, which is a Class 1 misdemeanor. For property valued at $1,000 or more, the offense is a felony, with the class of felony increasing with the value of the stolen goods. Additionally, South Dakota law provides for enhanced penalties for repeat offenses. It's important for individuals accused of shoplifting to consult with an attorney to understand the specific charges they face and the potential legal consequences.