The most common definition is when you knowingly take something from a store, intending to keep it without paying for it.  It is also retail theft to knowingly:

• Alter or remove a price tag and then try to buy the item for less money.
• Switch containers intending to pay less than full retail value.
• Under-ring merchandise.
• Remove a shopping cart permanently.
• Sell stolen property claiming to be the owner.
• Use or possess any theft detection shielding device or theft detection device remover.
• Obtain unauthorized control over property intending to deprive the owner permanently of the property when a lessee of another fails to return it or pay full value in satisfying a contract after the owner makes written demand for its return.

Retail theft is a Class A Misdemeanor, punishable by up to one year in jail, when the value is less than $300 or less than $150.  If you used an emergency exit to facilitate your theft, you can be charged with a Class 4 felony, punishable by 1 to 4 years in prison.  Theft where the value is over $300 can become a Class 3 or 4 felony depending on the circumstances, such as if you have a prior conviction or are engaged in a continuing course of conduct.

            If you are charged with retail theft, contact an experienced criminal law attorney.  An attorney can review your case for your best possible defense.  As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt.  Did you act knowingly? Did you intend to take the item permanently?  Is there a video?  Did you leave the store?  Did you place the item in the cart and forget it was there?  Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference: 720 ILCS 5/16-25

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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