Shoplifting Charges in Texas: What You Need to Know

Shoplifting might seem like a minor offense, but under Texas law, it can carry serious criminal and civil consequences. From switching price tags to walking out with unpaid items, shoplifting is prosecuted as a form of theft, with penalties ranging from fines to years in prison—depending on the value of the merchandise and any prior convictions. In this post, we explain how shoplifting is defined, how charges are classified, what penalties you could face, and what defenses may apply. If you're being accused and searching for an experienced attorney near you, understanding your rights and the legal process is your first step toward protecting your record and your future.

Shoplifting Charges in Texas: What You Need to Know

Shoplifting is a prevalent offense in Texas, encompassing a range of actions from concealing merchandise to altering price tags. While it might seem minor, Texas law treats shoplifting seriously, with penalties varying based on the value of the stolen items and other factors. Understanding the nuances of shoplifting laws is crucial for anyone facing such charges or aiming to prevent them.

1. Definition of Shoplifting Under Texas Law

In Texas, shoplifting falls under the broader category of theft, as defined in Texas Penal Code § 31.03. The statute describes theft as the unlawful appropriation of property with the intent to deprive the owner of it. Shoplifting specifically refers to the act of taking merchandise from a retail establishment without paying for it.

Common examples include:

Concealing items and leaving the store without payment
Switching price tags to pay a lower amount
Altering packaging to misrepresent the item's value
Using devices to bypass security systems

2. Classification of Shoplifting Offenses

Texas classifies theft offenses, including shoplifting, based on the value of the property stolen:

Class C Misdemeanor: Property valued under $100
Class B Misdemeanor: $100–$749
Class A Misdemeanor: $750–$2,499
State Jail Felony: $2,500–$29,999
Third-Degree Felony: $30,000–$149,999
Second-Degree Felony: $150,000–$299,999
First-Degree Felony: $300,000 or more

Additionally, Texas Penal Code § 31.15 makes it a separate offense to possess or use devices designed to shield or deactivate security tags, which can enhance charges or lead to additional penalties.

3. Penalties Associated with Shoplifting

Penalties for shoplifting in Texas correspond to the classification of the offense:

Class C Misdemeanor: Fine up to $500
Class B Misdemeanor: Up to 180 days in jail and/or a fine up to $2,000
Class A Misdemeanor: Up to 1 year in jail and/or a fine up to $4,000
State Jail Felony: 180 days to 2 years in state jail and up to $10,000 in fines
Third-Degree Felony: 2 to 10 years in prison and up to $10,000 in fines
Second-Degree Felony: 2 to 20 years in prison and up to $10,000 in fines
First-Degree Felony: 5 to 99 years in prison and up to $10,000 in fines

It's also critical to note that prior theft convictions can elevate the severity of current charges. For example, a third offense—even if the property value is under $2,500—can be charged as a state jail felony.

4. Civil Liabilities for Shoplifting

In addition to criminal penalties, a person accused of shoplifting may also face civil liability under the Texas Theft Liability Act (TTLA). This allows the retailer to recover:

Actual damages caused by the theft
Additional damages of up to $1,000
Court costs and reasonable attorney's fees

If the accused is a minor, their parent or legal guardian may be held financially responsible, though damages in such cases are capped at $5,000.

5. Defenses Against Shoplifting Charges

Several defenses may be available depending on the facts of the case:

Lack of Intent: Arguing there was no intent to steal—perhaps the item was forgotten in a cart or mistaken as already paid for
Mistaken Identity: Challenging whether the accused was the actual perpetrator, especially when security footage or eyewitnesses are unclear
Ownership or Permission: Claiming the accused believed the item belonged to them or that they had permission to take it
Duress: Asserting the action was taken under threat or coercion from someone else
Entrapment: Arguing that law enforcement or store employees induced the person to commit the offense

6. Impact of a Shoplifting Conviction

A conviction for shoplifting can have long-term consequences far beyond jail time or fines:

Employment: Many employers conduct background checks, and theft convictions can raise red flags during hiring
Housing: Landlords may be hesitant to rent to someone with a criminal record
Education: Certain colleges and universities may deny admissions or scholarships
Professional Licenses: Nurses, teachers, and others in licensed professions risk losing or being denied credentials due to a theft conviction

7. Steps to Take if Accused of Shoplifting

If you’re accused of shoplifting in Texas, take these steps immediately to protect your rights:

Remain Calm: Avoid escalating the situation; do not resist store security or law enforcement
Exercise Your Rights: You have the right to remain silent and the right to an attorney
Avoid Making Statements: Don’t admit guilt or offer explanations without your lawyer present
Consult a Criminal Defense Attorney: A qualified attorney near you can assess your case, gather evidence, and build the best defense strategy

Whether it’s your first offense or you’re facing felony-level allegations, shoplifting charges in Texas can seriously impact your future. The law is strict, the penalties are real, and your response matters. If you've been accused or arrested, it's critical to act fast.

Contact Walker Law Office today at (713) 228-2611 or visit www.walkerlawhouston.com/contact to speak with an experienced lawyer near you who understands how to fight theft charges in Harris, Fort Bend, Galveston, and Brazoria Counties.

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