In Washington state, there is not a crime called, "shoplifting."  Shoplifting is charged as theft, and the degree, or seriousness level, will depend upon the value of the property or services that were wrongfully acquired.  For more information on the different levels of Theft crimes, scroll down.

If you are charged with a theft crime from a store or received a notice from a store please read below:

It is important to note that many business have their own rules and procedures for handling theft within their stores. These polices and procedures can range from having employees call the police but have no interaction with the person, all the way up to having private security or uniformed police officers in or near the store to detain you.

Often, larger retailers or malls will have private security that act as quasi-police officers. These security guards will often use intimidation, threats, and out right lies to get the person to comply with their demands, which often includes escorting the person to a private office in the back. These security guards or regular store employees will often call the police or threaten to call the police. The main goal for the store employee or security guard is to retrieve the items taken, get you to confess (often in writing), and get you to sign a civil agreement to pay back the value of the items taken (even if you gave it back), or some different arbitrary number. The accused is often told (threatened) that if they comply with everything the store employee asks them to do they won't call the police or face criminal charges.

If you are accused by a retailer, in almost every case, you will receive a letter from the retail business telling you need to pay a specified amount or face severe consequences.

ALWAYS TALK TO AN ATTORNEY BEFORE TAKING ANY ACTION!!

Notwithstanding the above statement, the legislature has addressed certain aspects of retail theft, creating an additional crime that can be charged along with the initial theft charge.

Under RCW 9A.56.360:

(1) A person commits retail theft with special circumstances if he or she commits theft of property from a mercantile establishment with one of the following special circumstances:

     (a) To facilitate the theft, the person leaves the mercantile establishment through a designated emergency exit;

     (b) The person was, at the time of the theft, in possession of an item, article, implement, or device designed to overcome security systems including, but not limited to, lined bags or tag removers; or

     (c) The person committed theft at three or more separate and distinct mercantile establishments within a one hundred eighty-day period.

(2) A person is guilty of retail theft with special circumstances in the first degree if the theft involved constitutes theft in the first degree. Retail theft with special circumstances in the first degree is a class B felony.

(3) A person is guilty of retail theft with special circumstances in the second degree if the theft involved constitutes theft in the second degree. Retail theft with special circumstances in the second degree is a class C felony.

(4) A person is guilty of retail theft with special circumstances in the third degree if the theft involved constitutes theft in the third degree. Retail theft with special circumstances in the third degree is a class C felony.

(5) For the purposes of this section, "special circumstances" means the particular aggravating circumstances described in subsection (1)(a) through (c) of this section.

Thus, "Retail Theft" can be charged as an additional separate crime to a theft charge.  The seriousness level of this crime is connected to the original theft charge.

Under RCW 9A.56.020

(1) "Theft" means:

     (a) To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or

     (b) By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or

     (c) To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services.

(2) In any prosecution for theft, it shall be a sufficient defense that:

     (a) The property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claim be untenable; or

     (b) The property was merchandise pallets that were received by a pallet recycler or repairer in the ordinary course of its business.

RCW 9A.56.020 consists of two parts. First, is section (1), the basic definition of "Theft."  This definition doesn't stray far from the the rules we all learned as kids: Don't take stuff that doesn't belong to you. This section outlines a couple of ways in which a person can complete a "theft" by: taking, deceiving, or keeping property or services that you have no right to.

The second part, section (2), contains the defenses available to a defendant when charged with a theft crime.  First, (b), is fairly obvious and very limited in its scope and applicability.  More likely, section (2)(a), will be used by defendants. This defense essentially says, "Yes, I took it, but I thought I had a right to take it."  Obviously, the application of this defense in a criminal charge is bit more complicated and fact specific, but that gives you the general idea of the defense.

(1) A person is guilty of theft in the first degree if he or she commits theft of:

     (a) Property or services which exceed(s) five thousand dollars in value other than a firearm as defined in RCW 9.41.010;

     (b) Property of any value, other than a firearm as defined in RCW 9.41.010 or a motor vehicle, taken from the person of another;

     (c) A search and rescue dog, as defined in RCW 9.91.175, while the search and rescue dog is on duty; or

     (d) Commercial metal property, nonferrous metal property, or private metal property, as those terms are defined in RCW 19.290.010, and the costs of the damage to the owner's property exceed five thousand dollars in value.

(2) Theft in the first degree is a class B felony.

(1) A person is guilty of theft in the second degree if he or she commits theft of:

     (a) Property or services which exceed(s) seven hundred fifty dollars in value but does not exceed five thousand dollars in value, other than a firearm as defined in RCW 9.41.010 or a motor vehicle;

     (b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant;

     (c) Commercial metal property, nonferrous metal property, or private metal property, as those terms are defined in RCW 19.290.010, and the costs of the damage to the owner's property exceed seven hundred fifty dollars but does not exceed five thousand dollars in value; or

     (d) An access device.

(2) Theft in the second degree is a class C felony.

(1) A person is guilty of theft in the third degree if he or she commits theft of property or services which      (a) does not exceed seven hundred fifty dollars in value, or (b) includes ten or more merchandise pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and beverage crates.

(2) Theft in the third degree is a gross misdemeanor.

A person commits robbery when he or she unlawfully takes personal property from the person of another or in his or her presence against his or her will by the use or threatened use of immediate force, violence, or fear of injury to that person or his or her property or the person or property of anyone. Such force or fear must be used to obtain or retain possession of the property, or to prevent or overcome resistance to the taking; in either of which cases the degree of force is immaterial. Such taking constitutes robbery whenever it appears that, although the taking was fully completed without the knowledge of the person from whom taken, such knowledge was prevented by the use of force or fear.

(1) A person is guilty of robbery in the first degree if:

     (a) In the commission of a robbery or of immediate flight therefrom, he or she:

          (i) Is armed with a deadly weapon; or

          (ii) Displays what appears to be a firearm or other deadly weapon; or

          (iii) Inflicts bodily injury; or

     (b) He or she commits a robbery within and against a financial institution as defined in RCW 7.88.010 or 35.38.060.

(2) Robbery in the first degree is a class A felony.

(1) A person is guilty of robbery in the second degree if he or she commits robbery.

(2) Robbery in the second degree is a class B felony.

(1) "Possessing stolen property" means knowingly to receive, retain, possess, conceal, or dispose of stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto.

(2) The fact that the person who stole the property has not been convicted, apprehended, or identified is not a defense to a charge of possessing stolen property.

(3) When a person has in his or her possession, or under his or her control, stolen access devices issued in the names of two or more persons, or ten or more stolen merchandise pallets, or ten or more stolen beverage crates, or a combination of ten or more stolen merchandise pallets and beverage crates, as defined under RCW 9A.56.010, he or she is presumed to know that they are stolen.

(4) The presumption in subsection (3) of this section is rebuttable by evidence raising a reasonable inference that the possession of such stolen access devices, merchandise pallets, or beverage crates was without knowledge that they were stolen.

(5) In any prosecution for possessing stolen property, it is a sufficient defense that the property was merchandise pallets that were received by a pallet recycler or repairer in the ordinary course of its business.

(1) A person is guilty of possessing stolen property in the first degree if he or she possesses stolen property, other than a firearm as defined in RCW 9.41.010 or a motor vehicle, which exceeds five thousand dollars in value.

(2) Possessing stolen property in the first degree is a class B felony.

(1) A person is guilty of possessing stolen property in the second degree if:

     (a) He or she possesses stolen property, other than a firearm as defined in RCW 9.41.010 or a motor vehicle, which exceeds seven hundred fifty dollars in value but does not exceed five thousand dollars in value; or

     (b) He or she possesses a stolen public record, writing or instrument kept, filed, or deposited according to law; or

     (c) He or she possesses a stolen access device.

(2) Possessing stolen property in the second degree is a class C felony.

(1) A person is guilty of possessing stolen property in the third degree if he or she possesses (a) stolen property which does not exceed seven hundred fifty dollars in value, or (b) ten or more stolen merchandise pallets, or ten or more stolen beverage crates, or a combination of ten or more stolen merchandise pallets and beverage crates.

(2) Possessing stolen property in the third degree is a gross misdemeanor.

The total list of crimes that fall under RCW 9A.56 are more than listed on this site. If you are charged with a crime under RCW 9A.56 that is not listed above, we may still able to represent you. We have experienced and qualified attorneys familiar with representing you on these types of criminal charges. To see a full list of crimes under RCW 9A.56 click here.

If you or a family member is charged with a criminal charge, give us a call today at 253-383-3328 or email us at Office@williamawhitelaw.com to schedule a free consultation.

If your friend or family member is currently in custody in jail, contact us today so we can go visit them in jail and get working on their case.