What Are the Penalties for Shoplifting in South Carolina?

If you were recently arrested for shoplifting in South Carolina, knowing how to handle the situation is essential. In this article, our Charleston shoplifting lawyers explain South Carolina’s shoplifting laws, the penalties, and how a criminal lawyer can help you handle shoplifting charges. So what are the penalties for shoplifting in South Carolina, and what can you do about the charge?

Quick Answer: Shoplifting in South Carolina is a misdemeanor when the merchandise is worth $2,000 or less, punishable by up to a $1,000 fine or 30 days in jail. It is a felony punishable by a fine of up to $1,000, up to 5 years in prison, or both when the value is more than $2,000 but less than $10,000, and up to 10 years when the value is $10,000 or more. Restitution and a trespass notice may also follow.

What is Shoplifting in South Carolina?

South Carolina’s shoplifting laws are covered under South Carolina Code Sections 16-13-105, 16-13-110, 16-13-111, and 16-13-120. Generally speaking, a person may be guilty of shoplifting in South Carolina if they:

1. Take possession of or move merchandise with the intent to deprive the store of it without paying its full retail value;
2. Alter price tags and attempt to buy the merchandise for less than its full retail value with the intent to deprive the store of that value; or
3. Move merchandise from one container to another with the intent to deprive the store of its full retail value.

You do not have to leave the store to be charged. Concealing merchandise inside the store can be evidence of an intent to shoplift, as explained below.

Is Shoplifting in South Carolina a Felony?

Shoplifting in South Carolina is a felony if the stolen merchandise is worth more than $2,000. Otherwise, it is a misdemeanor. Magistrates or municipal courts handle misdemeanor shoplifting, while the Court of General Sessions handles felony shoplifting.

Prior convictions also matter. Under S.C. Code Section 16-1-57, a third or subsequent conviction for an offense whose imprisonment term depends on the value of the property involved must be punished as a Class E felony, even if the value alone would call for a lower penalty.

What is the Penalty for Shoplifting in South Carolina?

The penalty for shoplifting in South Carolina depends upon the value of the stolen merchandise as set forth in Section 16-13-110. The following table summarizes the penalties:

If you are convicted of shoplifting in South Carolina, the court may order you to repay the store for its loss. Repayment is known as “restitution.”

Lastly, the store will often give you a “notice of trespass” to prevent you from shopping there again. A notice of trespass is a warning, usually in writing, that you may not return. If you return to the store, you may be charged with trespass after notice, which is a misdemeanor in South Carolina.

What Does the Prosecution Have to Show to Prove Shoplifting in South Carolina?

To prove shoplifting in South Carolina, the prosecution must show that the accused committed an act prohibited by the shoplifting statute with the required intent. Depending on the circumstances, a prosecutor may seek to show intent by presenting evidence that the shopper:

• concealed merchandise somewhere in the store away from where the merchandise was displayed for sale;
• concealed merchandise on their person by putting it in a purse, a pocket, or a bookbag;
• swapped price tags for a lower price tag and attempted to purchase the merchandise for less than its full retail value; or
• acted as a “lookout” for someone else who was shoplifting.

Concealment of merchandise may be evidence of shoplifting, but it is not required for every form of the offense. Section 16-13-120 permits an inference of intent to shoplift from willful concealment of unpurchased merchandise on or off the store’s premises.

Finding unpurchased merchandise concealed on a person’s body or among their belongings may support an inference of willful concealment. The statute also permits an inference when someone conceals merchandise on another person or among that person’s belongings.

An inference is not proof. A jury may consider an innocent explanation, such as forgetting an item in a cart or a mistake at a self-checkout register, along with the store’s video and the testimony of its employees.

Can a Store Detain You for Shoplifting in South Carolina?

Yes, within limits. Under S.C. Code Section 16-13-140, if a merchant or the merchant’s employee or agent delays a person on or near the premises to investigate the ownership of merchandise, reasonable cause to believe the person committed shoplifting, and a detention conducted in a reasonable manner for a reasonable time provide a defense to a civil action over the detention. The statute addresses investigating ownership; it does not grant an unlimited right to detain someone or guarantee immunity from suit.

A store employee is not a police officer, and you are not required to answer questions or sign a written statement. Anything you say or sign can be used against you later. If a store holds you without reasonable cause, in an unreasonable manner, or for an unreasonable time, you may have a claim. Our article on false arrest and false imprisonment in South Carolina explains those claims.

What are Other Consequences for Shoplifting in South Carolina?

Shoplifting in South Carolina can impact your life in many ways beyond facing criminal prosecution. Here are some, but not all, of the consequences you might face if you are convicted of shoplifting in South Carolina:

1. Civil Lawsuit – In addition to criminal charges, a business may file a civil case to recover its losses from stolen merchandise. The criminal court may also require you to make restitution as described above; you should not have to pay twice for the same loss.
2. Loss of Job Opportunities – If your prospective employer runs a background check and sees a shoplifting conviction, it will likely influence the employer’s decision to hire you.
3. Housing Issues – Many leasing companies that manage rental properties such as homes and apartments may turn you away if you have a criminal conviction, including shoplifting.
4. Military Service – If you have a felony shoplifting conviction, you generally cannot enlist in the military unless the applicable service secretary authorizes an exception under 10 U.S. Code § 504. A misdemeanor shoplifting conviction does not automatically bar you from enlisting. However, the military considers your character before officially accepting you, so it may turn you down.

Can You Get PTI for Shoplifting in South Carolina?

Often, yes. Many people charged with shoplifting for the first time may be eligible for pretrial intervention (PTI), a diversion program run by the circuit solicitor’s office. If you are accepted and complete the program, which may include fees, restitution, and classes or community service, the solicitor will resolve the charge without a criminal conviction.

Acceptance into PTI is at the solicitor’s discretion. A prior PTI participant may be eligible again if at least 20 years have passed since successful completion of the earlier program and the other eligibility requirements are met. Some solicitors and summary courts also offer other diversion programs for minor shoplifting charges, so ask about every option before you go to court.

Can a Shoplifting Charge Be Expunged in South Carolina?

If your charge is dismissed, you are found not guilty, or you complete PTI, you can generally apply to have the arrest record expunged. Our article on expunging a criminal record in South Carolina explains how that process works.

A conviction is different. Under S.C. Code Section 22-5-910, you may be able to expunge a conviction for an offense carrying a maximum penalty of 30 days in jail, a $1,000 fine, or both, after three years if you have no other convictions during that period and meet the statute’s other requirements. Misdemeanor shoplifting convictions generally fall within that rule. Felony shoplifting convictions are subject to much stricter limits.

How Do I Get My Shoplifting Charges Reduced or Dismissed in South Carolina?

As you may already realize, a shoplifting charge can affect your life in many ways, including losing your job, problems with professional licenses, loss of security clearances, problems at home, and more. The key to getting your shoplifting charge reduced or dismissed is to mount a strong legal defense.

A defense lawyer can review the store’s surveillance video, challenge the value the store assigns to the merchandise, question whether there is enough evidence of intent, and negotiate with the prosecutor for a reduction, a dismissal, or admission into a diversion program. We can also advise you on how to handle the store’s trespass notice and any civil demand.

What you do in the first days after an arrest matters. Our article on what to do after an arrest in South Carolina explains the steps you should take to protect yourself.

The attorneys at Futeral & Nelson have defended shoplifting cases in Charleston, Mount Pleasant, North Charleston, Summerville, and throughout the Lowcountry since 2003. Call us at 843-284-5500 to discuss your case and your options.