Shoplifting Charges (A.R.S. 13-1805) in Arizona: Penalties and What Happens Next
A shoplifting charge in Arizona can be more serious than many people expect. What may begin as an accusation involving merchandise from a grocery store, department store, self-checkout, or other retailer can potentially result in a criminal conviction, jail, probation, fines, restitution, and—in more serious cases—a felony record.
Arizona also defines shoplifting more broadly than simply walking out of a store without paying.
Under A.R.S. § 13-1805, shoplifting can include concealing merchandise, switching price tags, transferring merchandise into another container, paying less than the purchase price through a trick or artifice, or charging merchandise to someone without authorization. The State must generally prove that the person knowingly obtained the merchandise with the intent to deprive the owner of it.
The charge can range from a Class 1 misdemeanor to a Class 4 felony, depending on the value of the merchandise and other circumstances.
If you have been cited, arrested, or contacted by police about suspected shoplifting in Phoenix, Mesa, Gilbert, Chandler, Scottsdale, Tempe, or elsewhere in Arizona, understanding what happens next—and what the State actually has to prove—is important.
Quick Answer: In Arizona, shoplifting property worth less than $1,000 is generally a Class 1 misdemeanor. Property worth $1,000 to less than $2,000 is generally a Class 6 felony, while property worth $2,000 or more is generally a Class 5 felony. Certain circumstances can elevate shoplifting to a Class 4 felony regardless of those ordinary value thresholds.
What Is Shoplifting in Arizona?
Arizona's shoplifting law is found in A.R.S. § 13-1805.
A person commits shoplifting when, while in an establishment where merchandise is displayed for sale, the person knowingly obtains another person's goods with the intent to deprive the owner of those goods through one of several methods.
The statute specifically identifies:
Removing merchandise without paying the purchase price;
Charging the purchase price to a fictitious person or someone who did not authorize the charge;
Paying less than the purchase price through a trick or artifice, such as altering, removing, substituting, or disfiguring a price tag or marking;
Transferring merchandise from one container to another; or
Concealing merchandise.
This means Arizona shoplifting is not limited to the stereotypical situation where someone puts an item in a pocket and walks out the front door.
Do You Have to Leave the Store to Be Charged With Shoplifting?
Not necessarily.
This is an important misconception.
Arizona's statute expressly includes concealment as one way shoplifting can occur. It also creates a presumption concerning the required mental state when a person knowingly conceals unpurchased merchandise on themselves or another person while still inside the store.
As a result, prosecutors do not necessarily have to prove someone left the store before a shoplifting offense occurred.
That does not mean every instance of placing an item in a pocket, bag, stroller, or other location automatically establishes guilt.
The statute still centers on whether the person acted knowingly and with the intent to deprive the owner of the merchandise. The surrounding circumstances can therefore be critical.
Does Arizona Shoplifting Require Intent?
Yes.
Intent can be one of the most important issues in a shoplifting case.
A.R.S. § 13-1805 requires that the defendant knowingly obtain the merchandise with the intent to deprive the owner.
That matters because people sometimes leave stores without paying because of:
A self-checkout mistake;
A forgotten item underneath a shopping cart;
Merchandise accidentally left in a reusable bag;
Confusion about whether an item was scanned;
Distraction involving children;
A payment-processing problem;
An honest pricing mistake; or
Other circumstances inconsistent with an intent to steal.
A mistake is not automatically shoplifting merely because merchandise left the store unpaid.
However, intent is rarely proved through a direct admission. Prosecutors can attempt to establish intent through circumstantial evidence such as surveillance video, concealment, conduct at checkout, statements, price-tag manipulation, or what the person did after being approached.
Arizona law also provides that the required culpable mental state is presumed if the person knowingly conceals unpurchased merchandise on themselves or another person while inside the store, or uses an artifice, instrument, container, device, or other article to facilitate shoplifting.
For that reason, the specific facts surrounding the incident matter.
What Are the Penalties for Shoplifting in Arizona?
The ordinary classification depends primarily on the value of the merchandise.
Under the current version of A.R.S. § 13-1805:
Value/CircumstanceArizona Classification
Less than $1,000
$1,000 to less than $2,000
$2,000 or more
Firearm worth less than $1,000
Qualifying continuing criminal episode
Shoplifting to promote/further/assist a criminal street gang or criminal syndicate
Certain repeat offenses or use of an artifice/device to facilitate shoplifting
These classifications are outlines in A.R.S. § 13-1805(H)-(I).
Shoplifting Under $1,000: Class 1 Misdemeanor
If the merchandise is worth less than $1,000, shoplifting is generally a Class 1 misdemeanor.
An important exception applies if the property is a firearm. Shoplifting a firearm is at least a Class 6 felony even when its value is below $1,000.
A Class 1 misdemeanor carries a maximum jail sentence of six months under A.R.S. § 13-707 and a maximum base fine of $2,500 under A.R.S. § 13-802. Additional assessments and consequences may apply.
A maximum penalty is not the same thing as the sentence a particular defendant will receive.
Actual outcomes depend on factors including criminal history, the circumstances of the offense, the prosecutor, available diversion or negotiated resolutions, mitigation, restitution, and the court.
Shoplifting $1,000 to Less Than $2,000: Class 6 Felony
Shoplifting merchandise worth at least $1,000 but less than $2,000 is generally a Class 6 felony.
For a first-time felony offender sentenced under Arizona's ordinary nondangerous felony sentencing statute, a Class 6 felony carries a presumptive prison term of one year, with a statutory range from a mitigated term of four months to an aggravated term of two years when the applicable requirements are satisfied.
However, a Class 6 felony does not automatically mean prison.
Probation may be available depending on the defendant and offense. Arizona also has special rules that allow certain nondangerous Class 6 felonies to be treated, or ultimately designated, as misdemeanors under appropriate circumstances.
This distinction can be especially important when negotiating a felony shoplifting case.
Shoplifting $2,000 or More: Class 5 Felony
Shoplifting property worth $2,000 or more is generally a Class 5 felony.
For a first felony offense sentenced under A.R.S. § 13-702, the ordinary presumptive prison term for a Class 5 felony is 1.5 years, although Arizona law provides mitigated, minimum, maximum, and aggravated ranges depending on the circumstances.
Again, a statutory prison range does not mean every person convicted of a Class 5 shoplifting offense will receive prison. Probation and negotiated outcomes may be possible depending on the case.
When Can Shoplifting Become a Class 4 Felony?
Yes.
Arizona's shoplifting statute contains an enhancement that can make the offense a Class 4 felony.
Under A.R.S. § 13-1805(I), a Class 4 felony can result when a person:
Uses an artifice, instrument, container, device, or other article with the intent to facilitate shoplifting; or
Commits shoplifting and has previously committed or been convicted within the applicable five-year period of two or more offenses involving burglary, shoplifting, robbery, organized retail theft, or theft.
This provision can dramatically increase the potential seriousness of a case.
For a first felony offender sentenced under A.R.S. § 13-702, the presumptive prison term for a Class 4 felony is 2.5 years. Prior felony convictions can substantially change the applicable sentencing analysis.
What Counts as a Device or Artifice Used to Shoplift?
This provision can potentially apply when an object or method is intentionally used to facilitate the shoplifting.
The precise application depends on the facts.
For example, prosecutors may scrutinize allegations involving specially used bags, containers, tools, or other devices intended to conceal or facilitate removal of merchandise.
Because this provision can transform conduct that might otherwise be a misdemeanor into a Class 4 felony, whether an item actually qualifies and whether the State can prove the required intent can become an important defense issue.
What Is a "Continuing Criminal Episode" Under Arizona Shoplifting Law?
Arizona law can also aggregate certain repeated conduct.
For purposes of A.R.S. § 13-1805, a continuing criminal episode means theft of property totaling at least $1,500 during at least three separate incidents within 90 consecutive days. Shoplifting during a qualifying continuing criminal episode is classified as a Class 5 felony.
This means someone accused of several smaller incidents should not assume each incident will necessarily be treated as an isolated misdemeanor.
Retailers increasingly maintain surveillance footage, transaction records, loss-prevention reports, and other evidence that can potentially connect multiple alleged incidents.
Is Shoplifting the Same as Organized Retail Theft?
No.
Arizona has a separate offense called organized retail theft under A.R.S. § 13-1819.
A person can commit organized retail theft by removing merchandise from a retail establishment without paying with the intent to resell or trade the merchandise for money or other value. The statute also applies when someone uses an artifice, instrument, container, device, or other article to facilitate removal of merchandise without paying.
Organized retail theft is a Class 4 felony.
Which statute applies can therefore make a major difference in a criminal case.
What Happens After You Are Caught Shoplifting in Arizona?
What happens immediately after an alleged shoplifting incident varies considerably.
A person may be:
Stopped by store loss-prevention personnel;
Asked to return to a loss-prevention office;
Questioned about the merchandise;
Asked to sign documents;
Trespassed from the store;
Detained while police are called;
Issued a citation or summons;
Arrested and booked; or
Released while the case is submitted to a prosecutor for later charging.
A person does not necessarily need to be arrested at the store for criminal charges to follow later.
Can Store Security Detain You for Shoplifting?
Yes, under certain circumstances.
Arizona law allows a merchant, employee, or agent who has reasonable cause to detain a person suspected of shoplifting on the premises for questioning or to summon law enforcement.
The detention must be conducted in a reasonable manner and for a reasonable time.
The statute also provides reasonable cause as a defense to certain claims involving false arrest, false or unlawful imprisonment, or wrongful detention.
That does not give store employees unlimited authority. Whether a detention was lawful can depend on the facts.
What Happens When Police Arrive?
Police may interview store employees, review surveillance footage, inspect the merchandise, speak with loss-prevention personnel, and attempt to question the suspect.
Anything a person says can potentially become evidence.
Statements can take on significant importance depending on the context, such as:
"I forgot to scan it."
"I was going to pay for it."
"I don't know why I put it in my bag."
"I've done this before."
"I just needed the money."
A person accused of a crime generally does not have to convince the police of their innocence at the scene. You may have strategic reasons to speak with a criminal defense attorney before giving detailed statements about disputed intent or other facts.
Can You Be Charged With Shoplifting After Leaving the Store?
Yes.
An immediate arrest is not required for prosecutors to later file charges.
A retailer may identify a suspected person through surveillance footage, payment information, license-plate information, prior transactions, or other evidence and provide that information to police.
Police can investigate the allegation and submit the case for prosecution.
This is particularly important when a retailer alleges multiple incidents rather than a single event.
What Happens at the First Court Appearance?
The process depends partly on whether the shoplifting allegation is a misdemeanor or felony.
For a misdemeanor case, a defendant may receive a citation or summons directing them to appear in a municipal or justice court.
A felony case generally proceeds through Arizona's felony court process and may involve an initial appearance, charging proceedings, release conditions, arraignment, disclosure, pretrial conferences, motion practice, negotiations, and potentially trial.
A person should pay careful attention to every court date. Missing a court date can create additional problems, including the possibility of a warrant and additional criminal charges.
Can a Shoplifting Charge Be Dismissed?
Potentially, but dismissal is never automatic.
Whether a shoplifting charge can be dismissed depends on the evidence and circumstances.
Potential issues can include:
Lack of intent to deprive;
Mistaken identification;
Insufficient surveillance evidence;
Inconsistent witness accounts;
Problems proving the value of the merchandise;
Disputes over whether merchandise was actually concealed;
Self-checkout errors;
Problems proving who possessed or controlled the merchandise;
Constitutional issues involving law-enforcement conduct; or
Insufficient evidence to prove guilt beyond a reasonable doubt.
In other cases, dismissal may potentially occur through a diversion or deferred-prosecution type resolution if a qualifying program is available and the prosecutor agrees.
Availability varies by jurisdiction, prosecutor, charge, criminal history, and circumstances. A defendant should not assume diversion will be offered.
What Are Common Defenses to Arizona Shoplifting Charges?
There is no universal shoplifting defense. The appropriate defense depends on the evidence.
Several issues frequently deserve investigation.
1. No Intent to Steal
Because Arizona requires an intent to deprive, an accidental failure to pay can be materially different from intentional shoplifting.
Self-checkout cases are a good example.
Failing to scan an item proves that the item was not paid for. It does not necessarily, by itself, resolve whether the failure was intentional.
The defense may examine the entire transaction, including:
How many items were purchased;
Whether other expensive items were paid for;
Scanner errors;
Whether the defendant attempted to scan the disputed item;
The person's conduct after checkout;
Surveillance footage; and
Statements made before and after the incident.
2. Mistaken Identity
Surveillance video is not always as clear as it appears.
When police identify a suspect after the fact, the defense may investigate how they made that identification and whether the evidence reliably establishes that the defendant was the person involved.
3. The Merchandise Was Paid For
Receipts, bank records, electronic payment records, store records, and surveillance footage can sometimes contradict an allegation that merchandise was stolen.
4. The State Cannot Prove the Value
The value of the merchandise can determine whether the charge is a misdemeanor or felony.
For example, the difference between merchandise worth $999 and $1,000 can mean the difference between a Class 1 misdemeanor and a Class 6 felony under A.R.S. § 13-1805. Likewise, the $2,000 threshold separates an ordinary Class 6 felony from a Class 5 felony.
Value therefore should not be treated as an insignificant detail.
5. Insufficient Evidence
The prosecution bears the burden of proving the charged offense beyond a reasonable doubt.
The fact that store security accused someone of shoplifting does not itself establish criminal guilt.
What About Self-Checkout Shoplifting Charges?
Self-checkout allegations have become an important category of retail theft cases.
Potential accusations include:
Failing to scan an item;
Scanning a cheaper item instead of a more expensive one;
Entering an incorrect product code;
Barcode switching;
"Skip scanning";
Leaving merchandise in the cart;
Failing to scan merchandise underneath the cart; or
Using another method to pay less than the actual purchase price.
The central question is often intent.
An accidental scanning error is not necessarily the same as intentionally manipulating the checkout process to obtain merchandise without paying the correct price.
Relevant evidence may include surveillance footage, register data, transaction history, the number of items correctly scanned, employee observations, and the defendant's statements.
Can Walmart, Target, or Another Store Ban You After a Shoplifting Accusation?
A private retailer may generally prohibit a person from returning to its property.
A store's trespass decision is separate from the criminal prosecution.
That means a criminal case could eventually be dismissed while a store ban remains in effect.
Ignoring a valid trespass warning and returning to the property can potentially create an additional criminal issue.
Can a Store Demand Money After a Shoplifting Incident?
Potentially.
Arizona law creates a separate civil remedy for merchants injured by shoplifting.
Under A.R.S. § 12-691, an adult or emancipated minor who commits shoplifting can face civil liability for the retail value of the goods and an additional statutory amount.
For an unemancipated minor, Arizona law contains a separate provision addressing potential civil liability of a parent or legal guardian.
A civil demand and a criminal prosecution are different matters. Paying a civil demand should not automatically be assumed to dismiss or resolve a pending criminal charge.
Can Shoplifting Result in Community Service?
Yes.
A.R.S. § 13-1805 specifically authorizes a court sentencing someone for shoplifting to require public service in addition to or instead of a fine.
Depending on the case, other consequences can include probation, restitution, classes or programs, fines and assessments, and jail or prison when authorized.
Can a Shoplifting Felony Be Reduced to a Misdemeanor?
In some circumstances, a Class 6 felony can eventually be treated as a misdemeanor.
Arizona's Class 6 felony designation statute, A.R.S. § 13-604, allows a court in qualifying nondangerous Class 6 felony cases to enter a Class 1 misdemeanor judgment or place the defendant on probation without immediately designating the offense as a felony or misdemeanor. Subject to the statute's requirements, successful completion of probation can result in misdemeanor designation.
This can be particularly relevant to shoplifting allegations involving property worth $1,000 to less than $2,000, because those cases ordinarily fall within the Class 6 felony category.
Eligibility is case-specific, and you should never assume an outcome.
Will a Shoplifting Conviction Stay on Your Record?
A shoplifting conviction can become part of a person's criminal record.
That can matter well beyond the sentence imposed by the court.
Depending on the person's circumstances, a conviction can potentially affect:
Employment;
Professional licensing;
Housing;
Background checks;
Immigration status;
School or educational opportunities; and
Future criminal cases.
Arizona provides certain post-conviction remedies that may be available in qualifying cases, but their availability and effect depend on the conviction and circumstances.
For someone concerned about long-term consequences, the best time to evaluate those issues is generally before resolving the criminal case, not after entering a plea. Thus, it is important to speak with an experienced Arizona Criminal Defense Attorney.
What Should You Do After Being Charged With Shoplifting in Arizona?
If you have been accused of shoplifting, several practical steps can help preserve your ability to defend the case:
Do not miss your court date. Check your citation, release paperwork, or summons carefully.
Preserve receipts and transaction records. Do not throw away evidence that may show what was purchased.
Preserve relevant electronic records. Bank statements, digital receipts, store-app records, and payment confirmations may matter.
Do not post about the allegation online. Social-media statements can potentially become evidence.
Do not assume paying a store's civil demand resolves the criminal case.
Consider speaking with an Arizona criminal defense attorney before making additional statements about disputed facts.
An attorney can evaluate the charging statute, value of the merchandise, surveillance evidence, statements, criminal history, available defenses, and potential resolution options.
Frequently Asked Questions About Arizona Shoplifting Charges
Is shoplifting a felony in Arizona?
It can be. Shoplifting property worth less than $1,000 is generally a Class 1 misdemeanor, but $1,000 to less than $2,000 is generally a Class 6 felony and $2,000 or more is generally a Class 5 felony. Certain circumstances can elevate the offense to a Class 4 felony.
How much do you have to shoplift for it to be a felony in Arizona?
Ordinarily, $1,000 is the threshold at which value alone elevates shoplifting from a Class 1 misdemeanor to a Class 6 felony. However, shoplifting can become a felony below $1,000 in certain circumstances, including when the property is a firearm or when another statutory enhancement applies.
Can you go to jail for first-time shoplifting in Arizona?
Yes. Even ordinary shoplifting under $1,000 is a Class 1 misdemeanor, which carries a statutory maximum of six months in jail. That does not mean a first-time defendant will necessarily receive jail time. The actual outcome depends on the circumstances and how the case is resolved.
Is accidentally forgetting to scan something shoplifting?
Not necessarily. Arizona's statute requires the State to establish the required mental state, including an intent to deprive. An accidental checkout mistake may therefore present a fundamentally different case from intentional failure to scan merchandise.
Can you be arrested for shoplifting without leaving the store?
Potentially. Arizona law expressly includes concealment as a method of committing shoplifting and contains a presumption regarding knowingly concealing unpurchased merchandise while still inside the establishment.
Can store security legally detain you?
Arizona law permits a merchant, employee, or agent with reasonable cause to detain a suspected shoplifter on the premises in a reasonable manner and for a reasonable time to question them or summon law enforcement.
Can a shoplifting charge be dismissed?
Yes, depending on the evidence and circumstances. Possible paths can include a successful legal or factual defense, prosecutorial dismissal, or in some jurisdictions a qualifying diversion-type resolution. No particular result can be guaranteed.
What if this is my third shoplifting offense?
Prior offenses can dramatically change the analysis. A.R.S. § 13-1805 contains a Class 4 felony provision for a person who commits shoplifting and has the required history of two or more qualifying prior offenses involving burglary, shoplifting, robbery, organized retail theft, or theft within the statutory period.
Charged With Shoplifting in Phoenix or in Arizona?
A shoplifting accusation does not necessarily mean the State can prove the charge.
Issues involving intent, identification, surveillance footage, merchandise value, self-checkout records, prior offenses, statements to loss prevention, and the particular method of alleged shoplifting can significantly affect both the charge and potential defense.
At Millar Law, we represent people accused of criminal offenses throughout the Phoenix metropolitan area, including Phoenix, Gilbert, Mesa, Chandler, Scottsdale, Tempe, and throughout Arizona.
If you have been cited, arrested, or are under investigation for shoplifting in Arizona, a criminal defense attorney can review the evidence, explain potential penalties, identify defenses, and determine what options may be available before you make important decisions.
Contact us today for a free in-depth case review to hear about what we can do to defend your rights at 602-900-0545.
This article provides general information about Arizona law and is not legal advice. Criminal charges and potential sentencing consequences depend on the specific facts, criminal history, charging allegations, and law applicable to the individual case.
