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Shoplifting Laws and Penalties in Alaska
Shoplifting Laws and Penalties in Alaska
Shoplifting is a big problem for businesses in Alaska. Stores lose millions of dollars every year from people stealing merchandise. If you get caught shoplifting in Alaska, you could face criminal charges, fines, and even jail time. This article will explain Alaska’s shoplifting laws and what kinds of penalties you might face if convicted.
What is Shoplifting in Alaska?
Under Alaska law, shoplifting is legally known as “concealment of merchandise”[1]. It happens when someone knowingly conceals store merchandise on their person or among their belongings, and leaves the store without paying for it. Shoplifting is a type of theft crime in Alaska[2].
Some examples of shoplifting include[3]:
- Putting store items in your pocket or bag
- Changing price tags to pay less for an item
- Eating food in a store without paying for it first
- Putting on clothes and leaving the store while still wearing them
Under the law, it doesn’t matter how much the stolen merchandise is worth. Shoplifting a pack of gum is treated the same as shoplifting an expensive coat. It also doesn’t matter if you actually leave the store or not. If you conceal merchandise with intent to steal it, you have committed shoplifting.
Shoplifting Penalties in Alaska
Shoplifting penalties in Alaska depend on a few factors like[1]:
- Value of the stolen merchandise
- Your criminal history
- Type of merchandise stolen
In general though, shoplifting is punished as a misdemeanor or felony theft charge[2]. Here’s an overview of the penalties:
Misdemeanor Shoplifting
If the stolen merchandise is less than $750, shoplifting is usually charged as a misdemeanor[2]. For first-time offenders, common penalties include:
- Up to 1 year in jail
- Fines up to $25,000
- Probation
- Community service
- Restitution to the store
Repeat shoplifting offenders face stiffer penalties like longer jail sentences. And if you have prior theft convictions, misdemeanor shoplifting can be upgraded to a felony[2].
Felony Shoplifting
In Alaska, shoplifting merchandise worth $750 or more is charged as a felony[2]. Some other examples of felony shoplifting include:
- 3rd shoplifting offense in 5 years
- Stealing a firearm or vehicle
- Stealing certain property like survival equipment or a credit card
Felony shoplifting penalties can include:
- Up to 5 years in prison
- Fines up to $50,000
- Permanent criminal record
Civil Penalties for Shoplifting
In addition to criminal charges, shoplifters in Alaska can face civil penalties owed directly to the store they stole from[4]. These include:
- Paying back value of stolen merchandise (up to $1,000)
- Additional penalty between $100-$200
- The store’s attorney fees
If the shoplifter is a minor, their parent or guardian will be liable for up to $500 plus a $100-$200 penalty[4].
The store must send a written demand letter requesting payment of civil penalties before filing a civil lawsuit[4]. But shoplifting defendants should be aware these additional financial consequences can be imposed on top of any criminal court penalties.
Defenses to Shoplifting Charges
There are a few legal defenses that can be raised in a shoplifting case. Here are some of the most common ones used in Alaska[5]:
- You didn’t intend to steal: If you simply forgot an item was in your bag or inadvertently left the store without paying, you may argue you lacked intent to shoplift.
- False accusation: If store personnel are mistaken and you didn’t actually conceal or steal anything, you may fight the charges.
- Wrongful detention: If the store unlawfully detained or questioned you without proper cause, any evidence obtained may be suppressed.
- Mental illness: The court may consider mental health issues that impacted your behavior and decision-making.
An experienced criminal defense lawyer can help evaluate defenses and negotiate with prosecutors for reduced charges or dismissal of your shoplifting case.
Juvenile Shoplifting
Shoplifting by minors under 18 is handled differently than adult cases in Alaska. Juveniles may be eligible for diversion programs like[1]:
- Community service
- Restitution
- Counseling or education programs
- Probation and supervision
Completing a diversion program can result in dismissal of the charges. Juveniles still face civil liability to the store. And repeat offenses will lead to formal criminal prosecution.
Finding an Attorney for Shoplifting Charges
Being arrested and charged with shoplifting can be scary. But an experienced criminal defense attorney can help protect your rights. They will analyze the prosecution’s case and identify any police misconduct or legal defenses. In many cases, they can negotiate with the prosecutor for reduced charges or dismissal of your case. It’s important to have legal representation to avoid a wrongful conviction and harsh penalties. Consider contacting a local Alaska attorney for assistance with your shoplifting charges.