Retail Theft – More serious than you may think!

Retail Theft – More serious than you may think!

In Pennsylvania a person is guilty of retail theft if he:
(1) takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof;
(2) alters, transfers or removes any label, price tag marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale in a store or other retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise;
(3) transfers any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the full retail value thereof; or
(4) under-rings with the intention of depriving the merchant of the full retail value of the merchandise.
(5) destroys, removes, renders inoperative or deactivates any inventory control tag, security strip or any other mechanism designed or employed to prevent an offense under this section with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof.
Retail theft constitutes a:
(i) Summary offense when the offense is a first offense and the value of the merchandise is less than $ 150.
(ii) Misdemeanor of the second degree when the offense is a second offense and the value of the merchandise is less than $ 150.
(iii) Misdemeanor of the first degree when the offense is a first or second offense and the value of the merchandise is $ 150 or more.
(iv) Felony of the third degree when the offense is a third or subsequent offense, regardless of the value of the merchandise!
(v) Felony of the third degree when the amount involved exceeds $ 2,000 or if the merchandise involved is a firearm or a motor vehicle.

If you or someone you love receives a Summary Citation for Retail Theft think twice before you plead guilty.  In addition to the penalties listed above, even graded as a summary, a conviction for retail theft could impact your ability to pursue a career in the teaching or nursing fields as well as other job opportunities.  Contact an attorney that has the experience to explain all your rights and options before you make a decision that can affect you for the rest of your life.

At the Law Office of John E. Kusturiss, Jr., P.L.L.C, we are ready and able to provide you with the skill and guidance you will need to successfully navigate through your Criminal matter.  Contact us today!

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