Idahos-Laws-on-Shoplifting-What-You-Need-to-Know-This-Holiday-Season
The holiday season in North Idaho is one of the busiest times of the year for local stores and shopping centers. From Christmas gifts to year-end sales, shoppers have ample opportunities to fill malls and retail outlets across Kootenai and Bonner Counties looking for the perfect gifts for friends, family members, and co-workers. Unfortunately, Christmas shopping season is also a time when law enforcement sees a significant uptick in shoplifting arrests, as people try to take advantage of the bustle and confusion to get a few “bargains.”
Whether it’s a simple mistake, a misunderstanding at the self-checkout, or an impulsive poor decision, shoplifting in Idaho is a serious crime. Even minor thefts can lead to criminal charges, fines, and a lasting record. North Idaho Law Group is a criminal defense firm located in Post Falls, and we help individuals arrested and charged with Idaho misdemeanors and felonies, including shoplifting. Here’s what you need to know about how Idaho law treats shoplifting and what to do if you or someone close to you is arrested for this crime.
What Constitutes Shoplifting in Idaho?
Although most people think of shoplifting as a specific crime, under Idaho Code § 18-2403, shoplifting falls under the broader category of theft. Basically, the crime of theft consists of two elements: 1) knowingly taking or attempting to take property that doesn’t belong to you, with 2) the intent to permanently deprive the owner of that property. The term shoplifting is generally used when the property being stolen is from a retail establishment. Theft, however, can apply to any property, including that owned by private individuals.
Common examples of shoplifting include:
- Concealing merchandise and leaving the store without paying for it
- Switching price tags or barcodes to acquire property for less than its actual price
- Failing to scan an item at self-checkout
- Walking out of an establishment with unpaid goods, even accidentally
- Returning stolen merchandise for store credit or cash
Retail theft is not always intentional, but intent can be inferred from actions such as concealing items or leaving without payment. Even an honest mistake can result in criminal charges if store security or police believe theft occurred.
Shoplifting Penalties in Idaho
The classification and penalties for shoplifting depend on the value of the stolen goods. Idaho divides theft offenses into petit theft and grand theft.
Petit Theft (Misdemeanor)
If the value of the stolen property is under $1,000, the offense is classified as petit theft. Penalties can include:
- Up to 1 year in jail
- Fines of up to $1,000
- Restitution of the goods or value of the goods to the store
- Probation or community service
- A permanent criminal record
Grand Theft (Felony)
If the value of the property is $1,000 or more, the charge becomes grand theft, a felony offense. Penalties can include:
- Up to 14 years in prison
- Fines of up to $5,000 (or more depending on circumstances)
- Restitution and possible civil penalties
Certain thefts are always classified as felonies regardless of value. This includes theft of firearms, bank instruments, public records, livestock, or anhydrous ammonia. Any theft involving extortion or taking property directly from another person is also a felony. Most shoplifting cases, however, involve merchandise from retail stores.
Civil Penalties from Stores
In addition to criminal penalties, shoplifting may involve civil law consequences. Idaho law allows merchants to sue shoplifters for the value of the merchandise stolen, plus an additional civil penalty of up to $250.
This means someone accused of shoplifting could face both a criminal case and a civil demand letter from the store or its attorneys.
Common Holiday Scenarios
During the busy holiday season, people often get caught in situations they didn’t intend to happen. For example:
- Self-checkout mistakes: scanners miss items or customers think everything was scanned
- Distracted parents: children put items in carts or bags without the parent realizing it
- Group shopping: one person walks out with an unpaid item while another is still paying
- Stress and pressure: emotional or financial strain leads to poor split-second decisions
Regardless of the cause, once store security or police intervene, the situation can escalate quickly.
What to Do When Accused of Shoplifting
If you’ve been accused or arrested for shoplifting in Kootenai County or anywhere in North Idaho, don’t assume it’s a minor issue or a misunderstanding that will simply “go away.” Even a misdemeanor conviction can affect employment, professional licenses, housing, and credit.
Your best course of action is to avoid making things worse:
- Stay calm and polite with store staff and police.
- Do not volunteer information.
- Do not sign, agree to, or admit anything before consulting a lawyer.
- Contact a criminal defense attorney immediately.
- Do not discuss the incident with anyone except your attorney.
- Keep any receipts or documents related to the situation.
Once you speak with an attorney, they can evaluate your case and determine the best strategy. Depending on the circumstances, they may seek dismissal, reduced charges, or a diversion program—especially for first-time offenders.
Protect Your Record This Holiday Season
You should be focusing on family, celebration, and holiday traditions—not criminal charges. If you’ve been accused of shoplifting, you still have rights and legal options.
North Idaho Law Group helps clients throughout Coeur d’Alene, Post Falls, Rathdrum, Sandpoint, and surrounding communities navigate theft and shoplifting charges, protecting their future and reputation. If you need help, contact us today for a confidential consultation.
The information above is for general purposes only and should not be construed as legal advice for any particular situation or individual.