Defenses for Juvenile Shoplifting in Texas

Children and teens can face criminal charges for committing offenses in Texas that are prohibited under the Texas Penal Code, just as adults can. While adolescents and teenagers are not the most common perpetrators of most serious violent crimes and felonies in Texas or elsewhere in the country, there are often offenders in this age group associated with a range of offenses. According to the US Department of Justice’s Office of Juvenile Justice and Delinquency Prevention (OJJDP), more than 424,000 individuals under the age of 18 were arrested by law enforcement agencies across the country in 2020. The most commonly cited offenses included those related to simple assault, larceny and theft, property crimes, and drug crimes.

When it comes to larceny and theft, juveniles are frequently arrested for shoplifting. Under the Texas Penal Code, shoplifting is consolidated into the broader offense of “theft,” and it is essential to understand defense options if your child is facing charges.

What is Shoplifting Under Texas Law? 

The Cornell Legal Information Institute defines shoplifting as “the unauthorized removal of merchandise from a store without paying for it, or intentionally paying less for an item than its sale price.” It can also include “carrying, hiding, concealing, or otherwise manipulating merchandise with the intent of taking it or paying less for it.”

Texas is among many states that does not have a specific offense for shoplifting under its penal code, but instead groups this type of theft offense with other forms of theft or larceny that can occur in the state. In order to understand how to defend against charges arising out of shoplifting, it is necessary to understand how Texas defines “theft.”

Under Section 31.03 of the Texas Penal Code, a person commits theft “if he unlawfully appropriates property with intent to deprive the owner of property.” Unlawfully appropriating property means taking it “without the owner’s effective consent,” or taking it knowing that it was stolen by another person (i.e., that taking the property will involve possession of stolen property).

Defenses for Juveniles Against Theft Charges Arising Out of Shoplifting

Theft charges can be brought for a juvenile between the ages of 10 and 17 in Texas if the juvenile is alleged to have unlawfully appropriated property from a retail store with the intent of depriving the owner of the property. Theft charges can also be brought if the juvenile altered a price tag to pay less for an item than the store’s posted price, or if the juvenile accepts property from another person knowing it was unlawfully appropriated from a store. The offense can range from a Class C misdemeanor up to a felony offense based on the value of the property.

A minor facing theft charges for shoplifting may have multiple defense options, such as:

• Did not intend to take the property;
• Have proof that they paid for the property;
• Were given the property by another teenager who said they had paid for the property; or
• Juvenile has an alibi for the time of the theft (i.e., a different person committed the offense).

Depending on the value of the property and the details of the juvenile’s record, there are typically deferred prosecution programs and other rehabilitative options that can prevent your child from serving any jail time or facing other severe penalties even if a defense is not successful in having the charges dropped entirely or getting an acquittal.

 Contact a Texas Juvenile Defense Attorney Today

Do you need help with your child’s theft defense due to charges arising out of an alleged shoplifting incident? One of the experienced Texas juvenile defense attorneys at John Reed, Attorney at Law can begin working with you on your child’s defense strategy today. Contact us for assistance.

Sources:

statutes.capitol.texas.gov/docs/pe/htm/pe.31.htm

ojjdp.ojp.gov/statistical-briefing-book/crime/faqs/qa05101