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 Wisconsin, shoplifting is legally referred to as retail theft and is covered under Wisconsin Statutes Section 943.50. The law defines retail theft as intentionally altering price tags, taking and carrying away merchandise without paying, or retaining possession of store property with the intent to deprive the retailer permanently of the possession, use, or benefit of the merchandise without paying for it. The severity of the charges and penalties for retail theft in Wisconsin depends on the value of the merchandise stolen. Theft of merchandise valued at $500 or less is typically a Class A misdemeanor, which can result in a fine of up to $10,000, imprisonment for up to 9 months, or both. If the value of the stolen merchandise is more than $500 but less than $5,000, it is classified as a Class I felony, which carries a potential fine of up to $10,000, imprisonment for up to 3 years and 6 months, or both. The penalties increase further for higher value thefts or if the individual has previous theft convictions.