Is shoplifting a felony?

Shoplifting is taking store merchandise without paying for it, with the intent to keep it. Some states have a separate shoplifting or retail theft law. Others, such as Texas and New York, handle it under their ordinary theft laws.^{1,2,3,4,5,6,7}

California defines shoplifting as entering an open store to steal property worth $950 or less. Pennsylvania, Florida and Illinois each have a retail theft section with its own grades. Texas says its single theft offense replaced the older separate offense of shoplifting. New York's store-theft civil statute defines the act as larceny against a store, and its petit larceny section covers stealing property.

Hiding unpaid merchandise in the store can be enough for a charge in some states. The person does not have to walk out the door.^2,4,8,9

North Carolina makes willful concealment of store goods, while still on the premises, a misdemeanor. Virginia treats willful concealment as petit or grand larceny, depending on value, and makes concealment on the premises evidence of intent. Pennsylvania presumes intent to steal from concealment. In Illinois a jury may infer intent when someone hides unpurchased goods and carries them past the last payment station.

A first shoplifting charge for low-value merchandise is generally a misdemeanor, or a lesser offense in Pennsylvania. The dollar line is set by each state.^{1,2,4,7,8,9,10}

California punishes shoplifting of $950 or less as a misdemeanor, with an exception for people with certain serious or sex-offense prior convictions. Illinois makes retail theft of $300 or less ($150 for motor fuel) a Class A misdemeanor. Pennsylvania makes a first retail theft under $150 a summary offense. New York's petit larceny is a class A misdemeanor. North Carolina makes a first concealment conviction a Class 3 misdemeanor. Virginia's petit larceny, for goods worth less than $1,000, is a Class 1 misdemeanor.

Repeat shoplifting can be a felony even when the merchandise is cheap. How many earlier convictions it takes depends on the state.^{2,4,5,11,12,13}

Pennsylvania makes a third or later retail theft a third-degree felony, whatever the value. Illinois makes retail theft of $300 or less a Class 4 felony for someone with an earlier conviction for theft, robbery, burglary or certain related crimes. Florida makes petit theft a third-degree felony after two or more earlier theft convictions. California allows a felony-level jail sentence for shoplifting after two or more earlier convictions for listed offenses, a rule in effect since Dec. 18, 2024. Texas makes theft under $2,500 a state jail felony after two or more earlier theft convictions.

Several smaller thefts can be added together to reach a felony. Pennsylvania, Illinois, New York and Florida all allow this in some form.^2,3,4,14

Pennsylvania lets the total from one scheme or course of conduct count, whether from one store or several. Illinois makes retail theft a Class 3 felony when separate thefts by the same person over one year, as part of a continuing course of conduct, total more than $300. New York makes retail goods stolen under a common scheme a class E felony when their total value exceeds $1,000. Florida adds up thefts at more than one location within 120 days, and it is a third-degree felony at $750 or more.

Many states have a separate organized retail theft felony for people who steal in groups, steal over and over, or run a theft ring to resell goods. The amounts and the exact conduct vary by state.^5,15,16

Texas covers acting with others, stealing from a merchant twice within 180 days, and benefiting from such thefts, and grades it from a Class B misdemeanor under $100 up to a first-degree felony at $150,000 or more. Pennsylvania punishes a person who organizes or finances a theft enterprise: a third-degree felony at $2,500 to $9,999, rising to a first-degree felony at $50,000 or more. California covers acting in concert to steal on two or more occasions within 12 months, with more than $950 in total, punishable by up to a year in county jail or a felony-level jail sentence.

Some ways of shoplifting are felonies no matter how little the goods are worth, or at a very low value. Examples are defeating anti-theft devices, leaving by an emergency exit, and taking a firearm or vehicle.^2,3,4,8,17

Florida makes possessing or using a device built to defeat store anti-theft tags a third-degree felony. North Carolina makes using a lead-lined or aluminum-lined bag for that purpose a Class H felony, and also a Class H felony to take property worth more than $200 through a required exit door. Illinois makes retail theft by emergency exit a Class 4 felony at $300 or less. Pennsylvania makes retail theft of a firearm or motor vehicle a third-degree felony.

Several states changed their retail theft laws in 2024 and 2025. Texas amended its organized retail theft law on Sept. 1, 2025. North Carolina revised its organized retail theft law, adding gift cards, for offenses on or after Dec. 1, 2025.^{5,12,15,16,18,19}

California's voter-approved Proposition 36 added the repeat-theft rule in Penal Code section 666.1 on Dec. 18, 2024, and a 2024 law (SB 982) amended its organized retail theft section effective Jan. 1, 2025. Pennsylvania's Act 42 of 2023, effective July 1, 2024, amended the grading of its organized retail theft section, set out who may prosecute it and created an office of five prosecuting attorneys for it. We did not review every state, so other states may have changed their laws too.

California

California: shoplifting, meaning entering an open store to steal property worth $950 or less, is punished as a misdemeanor. A person with two or more listed earlier convictions, such as theft or burglary, can face up to a year in county jail or a felony-level jail sentence.^1,12,13

Penal Code section 666.1, added by Proposition 36 effective Dec. 18, 2024, sets that rule. It also lets a prosecutor or probation office refer the person to a theft diversion or deferred entry of judgment program. Entering a store with intent to steal property worth more than $950, or entering when it is closed, is burglary, not shoplifting. A person charged with shoplifting cannot also be charged with burglary or theft of the same property.

Florida

Florida: taking store goods worth less than $750 is petit theft, a misdemeanor. Retail theft is a third-degree felony in several situations, such as coordinating others or stealing from more than one location within 120 days, once the total reaches $750.^3,11

Three or more retail thefts within 120 days involving 10 or more items, at two or more locations, is a third-degree felony at any value. Coordinating thefts that total more than $3,000 in 120 days is a second-degree felony. Having two or more earlier convictions for these felony retail theft offenses, or having a firearm during one, makes it a first-degree felony. A court must order restitution. Petit theft after two or more earlier theft convictions is also a third-degree felony.

Illinois

Illinois: retail theft of $300 or less ($150 for motor fuel) is a Class A misdemeanor. Over $300 it is a Class 3 felony. With an earlier theft or related conviction, even low-value retail theft is a Class 4 felony.^4,20,21

Retail theft has its own $300 line, lower than the $500 line for ordinary theft in section 16-1. Theft by emergency exit is a Class 4 felony at $300 or less and a Class 2 felony above that. Organized retail crime is a Class 3 or Class 2 felony, and managing one is a Class 2 felony when the goods total more than $300.

New York

New York: store theft is generally petit larceny, a class A misdemeanor. Retail goods stolen under a common scheme with a total value over $1,000 are grand larceny in the fourth degree, a class E felony.^7,14

The total can combine goods stolen from different owners. Grand larceny in the fourth degree also covers theft of a credit or debit card, a firearm, or property taken from a person, at any value.

Pennsylvania

Pennsylvania: retail theft is a summary offense for a first offense under $150 and a second-degree misdemeanor for a second offense under $150. It is a first-degree misdemeanor at $150 or more, and a third-degree felony for a third offense, above $1,000, or for a firearm or motor vehicle.^2,15

Earlier offenses include convictions, accelerated rehabilitative disposition and similar out-of-state offenses. Organizing or financing an organized retail theft enterprise is a third-degree felony at $2,500 to $9,999, a second-degree felony at $10,000 to $49,999 and a first-degree felony at $50,000 or more.

Texas

Texas: shoplifting is charged as theft. It is a Class C misdemeanor under $100, Class B from $100 to under $750 and Class A from $750 to under $2,500. At $2,500 or more it is a felony, starting at the state jail felony level.⁵

Theft under $2,500 is a state jail felony for a person with two or more earlier theft convictions, and theft under $100 is a Class B misdemeanor with one earlier theft conviction. Organized retail theft under section 31.16 is a state jail felony at $750 to under $2,500 and a third-degree felony at $2,500 to under $30,000.

North Carolina

North Carolina: concealing store merchandise is a Class 3 misdemeanor for a first conviction. Larceny of goods worth more than $1,000 is a Class H felony.^8,17,18,22

A second concealment offense within three years is a Class 2 misdemeanor, and a third within five years is a Class 1 misdemeanor. Larceny of $1,000 or less is a Class 1 misdemeanor. Larceny from a merchant is a Class H felony in listed cases, such as removing anti-theft devices or taking infant formula worth more than $100. Organized retail theft is a Class H felony at more than $1,500 aggregated over 90 days.

Virginia

Virginia: taking store goods worth less than $1,000 is petit larceny, a Class 1 misdemeanor. At $1,000 or more it is grand larceny, a felony.^{9,10,23,24,25}

Grand larceny carries 1 to 20 years in a state correctional facility or, at the discretion of the jury or court, up to 12 months in jail, a fine of up to $2,500, or both. Larceny of $1,000 or more with intent to sell is a separate felony. Organized retail theft over $5,000 within 90 days is a Class 3 felony.

Some states also let stores demand or sue for set amounts of money from a person accused of shoplifting. These civil claims are separate from criminal charges.^6,26,27

California lets a store recover $50 to $500 in damages plus costs, and the retail value if the goods are not recovered in merchantable condition. New York allows the retail price if not recovered in merchantable condition (up to $1,500) plus a penalty of up to the greater of five times the price or $75, capped at $500, and a conviction is not a prerequisite. Pennsylvania adds a civil penalty of the merchandise's value plus $150 to damages and fees. The store must give 20 days' notice before suing, paying a written demand within 20 days brings a written release, and a criminal prosecution is not a prerequisite.

Florida, North Carolina, Virginia and Ohio also give stores a civil claim, and each has its own rules for demand letters and amounts.^28,29,30,31

Florida allows three times the actual damages, at least $200, after a written demand; paying it within 30 days brings a written release. Virginia allows twice the unpaid retail value, at least $50, or liquidated damages of no more than $350 if the goods are recovered in merchantable condition. North Carolina adds consequential damages of $150 to $3,000, uncapped for organized retail theft, to the value of the goods. Neither Virginia nor North Carolina requires a conviction. Ohio allows the property's value plus $50 to $150, or the greater of $200 or three times the value. For property under $5,000, an unpaid written demand sent at least 30 days before suing also lets the owner seek costs and attorney's fees.