Theft And Retail Fraud
MCL 750.356 — the value sets the charge
Michigan grades larceny by the value of what was taken. Values from separate incidents that are part of a scheme or course of conduct within any 12 month period may be added together to reach a higher level.
| Value taken | Larceny: the level and the maximum |
|---|---|
| Value takenUnder $200 | Larceny: the level and the maximumMisdemeanor: 93 days, or a fine of $500 or 3 times the value, whichever is greater, or both |
| Value taken$200 or more, under $1,000 | Larceny: the level and the maximumMisdemeanor: 1 year, or a fine of $2,000 or 3 times the value, or both |
| Value taken$1,000 or more, under $20,000 | Larceny: the level and the maximumFelony: 5 years, or a fine of $10,000 or 3 times the value, or both |
| Value taken$20,000 or more | Larceny: the level and the maximumFelony: 10 years, or a fine of $15,000 or 3 times the value, or both |
In a store or its immediate vicinity, while it is open, taking goods, switching or hiding a price to pay less, or getting a refund for goods never paid for is retail fraud, graded at the same dollar lines: third degree under $200 (93 days or $500), second degree from $200 to under $1,000 (1 year or $2,000), and first degree at $1,000 or more (a felony, 5 years or $10,000). Each level also allows a fine of 3 times the value, whichever is greater.
A prior conviction moves the charge up a level. Under $200 with 1 or more prior convictions is charged at the $200 to $1,000 level; $200 to $1,000 with 1 or more at the $1,000 to $20,000 level; and $1,000 to $20,000 with 2 or more at the top. Retail fraud climbs the same way with 1 prior, third degree to second and second to first. The prosecutor has to list the prior convictions on the complaint, the judge decides whether they exist without a jury, and each section says which prior convictions count.
Separately from any criminal case, a store may send a written civil demand. The person is liable for the full retail price of property not recovered or not in salable condition, plus civil damages of 10 times the retail price, but not less than $50 and not more than $200. The demand has to use wording set out in the statute, and outside a sole proprietorship a manager other than the person who did the detaining has to approve the accusation in writing first.
The demand letter itself says a response is not required. The wording the statute sets for the demand includes the sentence that the person is not required to respond if they believe they are not guilty, or if they choose not to. Paying within 30 days after it was mailed ends further civil liability to the store. Not paying leaves the store able to sue, in small claims or another court, for the same amounts plus costs and reasonable attorney fees. Paying does not prevent a criminal prosecution, and the store can recover only if a formal police report was filed.
A store, its agent or its security contractor that had probable cause and detained someone suspected of shoplifting is shielded from damages for mental anguish and from punitive damages, unless it used unreasonable force, held the person an unreasonable length of time, acted with unreasonable disregard of the person's rights or sensibilities, or acted with intent to injure.
How value is proved, and what a court makes of the facts of a particular case, are questions for the court hearing it.
Sources for this section (5)
- MCL 750.356 — Larceny, and its penalties by value
- MCL 750.356c — Retail fraud in the first degree
- MCL 750.356d — Retail fraud in the second or third degree
- MCL 600.2953 — Civil liability for retail fraud, and the written demand
- MCL 600.2917 — Liability of a merchant for detaining a person suspected of shoplifting
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.