What are Shoplifting Laws in Idaho?
What is Theft?
In general terms, theft is the act of stealing any kind of property. In even simpler terms, theft can be termed as the act of taking a commodity or property belonging to another person without the consent or knowledge of that owner.
What is Shoplifting
Shoplifting is defined as a crime which is identified by the act intentionally and deliberately hiding and taking goods or property/commodities from a retail organization or company with the self-idea and resolution of not paying for them.
Charges for Shoplifting
The Idaho Statutes has a separate category especially meant for shoplifting, which is mentioned as the "Willful Concealment or Hiding of Goods, Merchandise or Wares - Defense for Custody or Detention" under Chapter 46: Larceny and Receiving Stolen Goods.
(a) Any person who, without any right or authority, deliberately conceals the items, goods, merchandise or wares of any merchant, retail organization or store, while he/she still remains on the property or premises of such retail organization or merchant, shall be held guilty of a felony or misdemeanor and, upon sentencing thereof, shall be penalized by a fine that is less than or equal to one thousand dollars ($1,000) or by a jail sentence in the county prison for a period of not more than six months, or a punishment of both the fine as well as imprisonment. The stolen items, wares, merchandise, or goods found hidden with the concerned person shall be considered to be prima facie evidence of deliberate and willful concealment.
(b) Any owner of a retail store, or the authorized agent or employee of any merchant or retail organization, detaining or holding up a person in the immediate neighborhood or on the exact premises of the concerned merchant or retail store, with the motive of investigation or inquiry regarding the rightful ownership of any of the items, merchandise or wares, is entitled for the explanation as a defense in case of any action, be it civil or criminal, that the said detention of the concerned person(s) was reasonable and necessary.
It is also pertinent that the store owner or his authorized agent or employee have a reasonable amount of time to allow such investigation by an officer or by the rightful owner of the retail organization or merchant, any of his authorized agent or employee, along with the fact that the officer, owner, agent or employee had enough reason to be convinced that the person detained was actually committing or trying to commit a retail theft asset mentioned in subsection (a). "Reasonable time" refers to the time essential to permit the detained person to present a statement or to refuse to do so, and the amount of time required to examine and scrutinize employees and other records of the merchant or retail store relative to rightful ownership of the goods.
Effects of Any Previous Convictions in Any Type of Theft
The theft statutes of Idaho do not particularly comprise of the effect of any previous convictions on any subsequent charge of theft. As a rule in general, any type of criminal conviction, especially a criminal oriented record that comprises of prior convictions related to theft, will probably result in harsher and more severe punishment when the time for the verdict or sentencing comes. Thus any previous conviction, especially if it is related to theft, has an important role to play in the verdict related to the current crime of the same nature.
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