In Massachusetts, shoplifting is prohibited under M.G.L. c. 266, § 30A.
According to that statute, a defendant can be charged with shoplifting if he conceals or carries off a retail item with the intent to permanently deprive the store owner of the merchandise. The statute also applies when a defendant removes or alters a price tag in an effort to cheat the merchant out of receiving the item’s full retail value.
The penalties provided by law depend on the retail value of the item or items stolen.
If the stolen property is less than $250, the penalties are as follows:
- First offense – a fine up to $250,
- Second offense– a fine not less than $100 nor more than $500,
- Third or subsequent offense – a fine of not more than $500 or imprisonment in jail up to 2 years, or both.
If the retail value of the stolen property is $250 or more, any violation can be punished by 2.5 years in jail or a fine up to $1,000, or both the fine and incarceration.
All courts seem to have a different attitude towards shoplifting. I practice in western Massachusetts, primarily in Hampden County. Here most defendants do not get jail time for shoplifting unless they are repeat offenders or they steal a very valuable item.
However, I have seen many habitual shoplifters get sent to jail for violating their pretrial release conditions (see my post on bail revocation) or by picking up a new shoplifting offense while on probation.