Shoplifting or retail theft laws vary from state to state, and in many states the act of shoplifting—taking displayed goods from a commercial retail store during store hours and without paying for the goods—is classified as the criminal offense of theft or larceny.
Shoplifting, theft, and larceny laws are often classified in part by the value of the goods stolen, attempted to be stolen, or intended to be stolen. These laws are generally located in a state’s statutes—often in the penal or criminal code.
In Texas, shoplifting is considered a form of theft and is governed by the Texas Penal Code. The severity of the charge and the penalties involved depend on the value of the merchandise stolen. For items worth less than $100, it's considered a Class C misdemeanor, which may result in a fine. As the value of the stolen goods increases, the charges escalate from a Class B misdemeanor ($100 to less than $750) to a first-degree felony for theft of property valued at $300,000 or more. Texas law also includes provisions for enhanced penalties if the accused has prior theft convictions. Additionally, Texas has a civil liability statute that allows a shoplifting offender to be sued by the merchant for damages, including the cost of the stolen merchandise and a penalty to the merchant.
