Title 16, Chapter 8, Section 14
( 16-8-14)
(a) A person commits the offense of theft by shoplifting when he
alone or in concert with another person, with the intent of
appropriating merchandise to his own use without paying for the same
or to deprive the owner of possession thereof or of the value
thereof, in whole or in part, does any of the following: (1) Conceals or takes possession of the goods or merchandise of
any store or retail establishment; (2) Alters the price tag or other price marking on goods or
merchandise of any store or retail establishment; (3) Transfers the goods or merchandise of any store or retail
establishment from one container to another; (4) Interchanges the label or price tag from one item of
merchandise with a label or price tag for another item of
merchandise; or (5) Wrongfully causes the amount paid to be less than the
merchant's stated price for the merchandise. (b)(1) A person convicted of the offense of theft by shoplifting,
as provided in subsection (a) of this Code section, when the
property which was the subject of the theft is $300.00 or less in
value shall be punished as for a misdemeanor; provided, however,
that: (A) Upon conviction of a second offense for shoplifting, where
the first offense is either a felony or a misdemeanor, as
defined by this Code section, in addition to or in lieu of any
imprisonment which might be imposed, the defendant shall be
fined not less than $250.00 and the fine shall not be suspended
or probated; (B) Upon conviction of a third offense for shoplifting, where
the first two offenses are either felonies or misdemeanors, or a
combination of a felony and a misdemeanor, as defined by this
Code section, in addition to or in lieu of any fine which might
be imposed, the defendant shall be punished by imprisonment for
not less than 30 days or confinement in a "special alternative
incarceration-probation boot camp," probation detention center,
diversion center, or other community correctional facility of
the Department of Corrections for a period of 120 days or shall
be sentenced to monitored house arrest for a period of 120 days
and, in addition to either such types of confinement, may be
required to undergo psychological evaluation and treatment to be
paid for by the defendant; and such sentence of imprisonment or
confinement shall not be suspended, probated, deferred, or
withheld; and (C) Upon conviction of a fourth or subsequent offense for
shoplifting, where the prior convictions are either felonies or
misdemeanors, or any combination of felonies and misdemeanors,
as defined by this Code section, the defendant commits a felony
and shall be punished by imprisonment for not less than one nor
more than ten years; and the first year of such sentence shall
not be suspended, probated, deferred, or withheld.
(2) A person convicted of the offense of theft by shoplifting, as
provided in subsection (a) of this Code section, when the property
which was the subject of the theft exceeds $300.00 in value
commits a felony and shall be punished by imprisonment for not
less than one nor more than ten years. (3) A person convicted of the offense of theft by shoplifting, as
provided in subsection (a) of this Code section, when the property
which was the subject of the theft is taken from three separate
stores or retail establishments within one county during a period
of seven days or less and when the property which was the subject
of each theft exceeds $100.00 in value, commits a felony and shall
be punished by imprisonment for not less than one nor more than
ten years. (c) In all cases involving theft by shoplifting, the term "value"
means the actual retail price of the property at the time and place
of the offense. The unaltered price tag or other marking on
property, or duly identified photographs thereof, shall be
prima-facie evidence of value and ownership of the property. (d) Subsection (b) of this Code section shall in no way affect the authority of a sentencing judge to provide for a sentence to be served on weekends or during the nonworking hours of the defendant as provided in Code Section 17-10-3, relative to punishment for misdemeanors. |