Theft by Shoplifting Charges after Using the Self-Checkout Lanes in Georgia Stores
Most of the calls I receive to discuss violations of O.C.G.A. 16-8-14, the Theft by Shoplifting statute, involve customers who do not scan all of the items in their basket, cart, or buggy while going through the self-checkout lane. Most of these self-checkout incidents come from either Walmart, Target, or Costco. A potential client will call me and they assure me that they had no intention to take any items, and often, that they tried to get the assistance of a store associate during their checkout process. Each and every one of these self-checkout machines has a camera built into it that records each item being scanned. Each and every one of these machines has weight sensors that tells the machine if an item is added to a bag without being scanned. These machines have very advanced technology in them to both inform people if items have not been scanned as well as to identify and deter shoplifting.
Theft by Shoplifting is an intent based crime, meaning the prosecutor has to prove beyond a reasonable doubt that you intended to take the items that were not paid for. Intent can be proven through both direct and circumstantial evidence. Circumstantial evidence can include ignoring warnings that the item did not scan, failing to scan multiple items, scanning cheaper items in place of more expensive items, and leaving items in your cart that were not scanned. It is possible none of these things on their own can prove beyond a reasonable doubt that you have the intent to steal, but they are the pieces of evidence a prosecutor and criminal defense lawyer look at when evaluating the evidence in a shoplifting case.
The best thing to do to avoid a possible theft by shoplifting allegation is to use a cashier to scan your items at a store. I know that is not always possible. If that is not possible, it is probably best for you to make sure every item was successfully scanned before paying and leaving the checkout area. If there are issues, I recommend calling an associate over or heading straight to customer service to address the matter. Once you leave the point of sale area of the store, you are at rick of committing the crime of shoplifting.
Just because items were not scanned doesn’t mean you are guilty of anything. But, a theft by shoplifting arrest may have severe implications in your life. It might cause a mugshot to be posted online, or a theft based crime to show up on your criminal history during a job search. It may delay you ability to accept a new job fo fear that they will see your record, or cause a loan application to be denied. If you have questions about a theft by shoplifting citation, arrest, or charge, call or text 678-753-6431 today for a free consultation.
