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Shoplifting becomes a felony in South Carolina when the value of the goods is $2,000 or more.
In addition, when a person is convicted of a third or subsequent property crime, where the potential jail term depends on the value of the goods involved, shoplifting becomes a Class E felony in South Carolina.
A second or subsequent conviction for retail fraud is a felony, regardless of dollar amount. Retail fraud is a different and more serious charge than shoplifting.
Our experienced Columbia criminal defense lawyer can assess your charges and help determine what steps to take.
South Carolina’s Legal Definition of Shoplifting
South Carolina defines shoplifting as taking or carrying merchandise away from a store without paying the price. The act must be with the intent to deprive the store of the merchandise.
Many acts fall under the legal definition of shoplifting in South Carolina. Walking away with the item, concealing something with the intent to remove it, repackaging goods, or altering a price tag may be considered shoplifting.
The Dollar Amount That Triggers Felony Charges
Petty shoplifting is a misdemeanor in South Carolina. A shoplifting conviction is punishable by up to 30 days in prison or a fine of up to $1,000. The misdemeanor charge applies when the value of the shoplifted goods is $2,000 or less. A higher dollar amount triggers felony charges.
South Carolina Shoplifting Misdemeanor vs. Felony Chart
| Value of Goods | Misdemeanor or Felony | Jail | Fines |
| <$2,000 | Misdemeanor | Up to 30 days | Up to $1,000 |
| $2,000-$10,000 | Felony | Up to 5 years | Up to $1,000 |
| >$10,000 | Felony | Up to 10 years | Not specified |
A third or subsequent shoplifting conviction is a Class E felony. The maximum penalty is up to 10 years in prison.
Shoplifting vs. Retail Fraud in SC
South Carolina Law Title 16, Chapter 13 criminalizes forgery, embezzlement, pretenses, larceny, and cheating. There are several crimes relating to stores and merchandise, including:
- Shoplifting (§ 16-13-110)
- Product code fraud (§ 16-13-131)
- Retail theft (§ 16-13-135)
- Receiving stolen goods (§ 16-13-180)
- Failure to pay for gasoline (§ 16-13-185)
- Failure to return leased or rented property (§ 16-13-420)
Understanding retail theft charges
Shoplifting and retail theft are different charges. Shoplifting is taking or attempting to take goods.
Retail theft has the added step of having the intent to sell or transfer the property for personal gain. Retail theft must involve over $2,000 of goods in a period up to 90 days.
The distinction between the two charges impacts the charge as a felony in South Carolina.
For shoplifting, the question is the dollar amount. When more than $2,000 worth of items are involved, the offense is a felony, regardless of prior offenses. For retail fraud, a first offense is a misdemeanor. A second or subsequent offense is a felony. Even though a first offense retail theft is a misdemeanor, the penalty is still significant—a first offense retail theft charge is punishable by up to three years in prison and a $5,000 fine. A second or subsequent offense is a felony punishable by up to 20 years in prison and a fine of up to $10,000.
The only situation where shoplifting under $2,000 is a felony offense is where it’s the person’s third conviction for a property offense.
Repeat Offenses and Their Impact on Felony Status
When a person receives their third conviction for a qualifying property crime, the potential penalties that would otherwise apply are overridden. The offense is punishable as a Class E felony, with up to 10 years in prison (S.C. Code § 16-1-57).
Crimes that qualify for enhancement, such as shoplifting and larceny, are property crimes where the severity of the charge depends on the value of the goods.
Considerations for Shoplifting Charges in South Carolina
Charges
Specific charges issued may depend on the value of the goods, prior convictions, and the circumstances of the offense.
For example, burglary is a different charge that can bring sentence enhancements as compared to shoplifting. The solicitor has discretion in charging and authorizing plea bargains.
Likely sentencing outcomes
Judges have discretion in sentencing. Prior criminal convictions may mean a greater sentence. Behavior that endangers the safety of others may increase the sentence. You can have an attorney represent you at sentencing.
Collateral consequences
Shoplifting can result in collateral consequences. These consequences aren’t directly part of your sentence, but they can impact your life. For example, it may be harder to find employment, volunteer, win an election to a political office, or enter the military with a shoplifting conviction. It may also impact your immigration status. These consequences are important as you determine how to proceed.
Defenses
Shoplifting is a crime of specific intent. The prosecutor must prove your intent to shoplift. They must prove the value of the amount involved. You may challenge the evidence against you and work to obtain a favorable plea bargain, which may reduce the charges from a felony to a misdemeanor. You may also take your case to trial.
Contact an Experienced Columbia Criminal Defense Lawyer
Do you have questions about your shoplifting charges? Do you need help fighting felony or misdemeanor shoplifting charges in South Carolina? Contact an experienced Columbia criminal defense lawyer at Shealey Law Firm to get help today.