Legal News

25-Sep-2022

Anti-Theft Laws In the USA: Key Things You Should Know

In the digital age, it’s never been easier to get away with stealing another person’s property. Thanks to the prevalence of data-driven algorithms, it’s simpler than ever to game the system and make a profit from stolen content. In the analog era, content theft was largely a non-starter due to the cost of reproducing information. Digital media changed that. With the advent of computer-based media, any person with a computer and an Internet connection has access to an endless supply of digital content. Unfortunately, this has created a situation where the potential profits from stealing content are higher than the cost of obtaining it legally. After all, if you buy something online and have it shipped to your home, there’s no real way for the seller to know you didn’t actually pay for it. That makes anti-theft laws about as important as they are unenforceable. 

Unless a business has special requirements – such as that customers present ID and produce receipts before being permitted entry – there’s not much they can do to prevent theft in their establishments. But while most shopkeepers might be resigned to having their stores become free-for-alls where anything goes, some of them still care enough about the businesses that they’re willing to take action against people who steal from them. And because of that, we now have a bunch of different anti-theft laws depending on where you live. But what do these mean? Keep reading to find out more.

Basics of Anti-Theft Laws

When a business has a particularly high rate of theft, it might enact special anti-theft laws to help combat it. While these laws vary from place to place, they all have one thing in common: they make it easier to prosecute someone for shoplifting. For example, some laws require shoplifters to be caught in the act. This means that if a store owner or employee spots someone stealing, they have to give the person a chance to stop before they can be arrested. Other laws make it illegal to even attempt shoplifting if you’re in a store that has special anti-theft laws.

Merchant Rights When Stopping Shoppers

If you’re a shopkeeper and you catch someone shoplifting from your store, you have the right to confront the person and ask them to leave. If they refuse, you can call the police and have them arrested for trespassing. But if you want to make that charge stick, you need to be careful: you can’t use force to detain the person. According to anti-theft laws, you need to let the person go as soon as they’ve exited the store.

Shopkeeper’s Privilege

One of the oldest and most widely recognized anti-theft laws goes by the name “shopkeeper’s privilege.” It gives shopkeepers the right to detain suspected shoplifters for as long as they need to investigate. You can also use reasonable force to prevent someone from escaping while they’re in your “custody.” For example, if you arrest someone, you can’t let them go if there’s a risk that they might re-offend or escape. While you have someone in your custody, you must provide them with due care, which includes preventing them from escaping. You can also use reasonable force to prevent someone from hurting you or others. For example, if you’re trying to arrest someone who is resisting, you can use reasonable force to ensure that you are safe. But what constitutes reasonable force?

Shopkeeper’s Rights to Confront and Confine a Thief

When a shopkeeper has reason to believe that someone has stolen from them, they can confront the person in public and demand the stolen goods be returned or the money used to buy them. If the person refuses or tries to argue, the shopkeeper can then show their colleagues the recording and have them call the police. Depending on the country, shoplifting might be a civil or criminal offense. In the latter case, shopkeepers are obliged to call the police whenever they catch someone shoplifting from their store. If the person refuses, the shopkeeper can hold them until the police arrive. For example, let’s say someone buys a shirt and tries to leave the store without paying for it. If you’re the owner, you’d have the right to confront them as they’re leaving and ask for the money. If they refuse, you have the right to hold them until the police arrive.

Shopkeeper’s Rights to Use Force to Protect Property

This one’s a bit different from the other anti-theft laws we’ve discussed so far. It only applies if someone is trying to steal property that’s worth less than $25. In that case, shopkeepers can use force to protect the property but not confront the person who stole it. For example, let’s say someone walks into the store, grabs the $19.99 Mr. Coffee machine off the shelf, and starts walking out. You’d have the right to yell at them to put it down. But if they refuse, all you could do would be to call the police – you wouldn’t be able to physically stop them.

Sticker Shock: The sticker and sign rule

Another commonly enforced anti-theft law goes by the name “sticker and signs rule.” It requires stores to put price tags on all their merchandise. But that’s not all: the store also has to post a sign somewhere indicating that the price is “the final price” and that it “does not guarantee that the price will be offered again.” If a customer buys an item without noticing that it has a price tag on it, the store can’t refuse to sell it to them. This helps both customers and businesses by preventing confusion about the price of a product and preventing shoplifting by making it easier for customers to see the price of a product before they purchase it. What is the penalty for not following the sticker and sign rule? The penalty for violating the sticker and signs rule can vary widely depending on the jurisdiction but can include anything from a small fine to several years in prison.

Conclusion

From reading this article, you’ve learned that most anti-theft laws were created to combat organized crime. These laws allowed store owners to combat theft by detaining people for a short period of investigation. And while you might feel like it’s unfair for shopkeepers to be able to detain and confront you for things you didn’t do, keep in mind that these laws are meant to protect legitimate businesses from losing out on their profits due to theft. Unfortunately, shoplifting costs the retail industry more than $30 billion each year, so it’s important for stores to have a way to keep track of their inventory and prevent theft. Stay aware of your surroundings, and make sure to keep an eye on your stuff so that you don’t become a victim of shoplifting. If you ever find yourself accused of shoplifting and weren’t involved, you can use these tips to help defend yourself and prove your innocence.