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Shoplifting

18 Pa.C.S. 3929 — retail theft, graded by value and by prior offenses

In Pennsylvania, a person commits retail theft by taking or carrying away merchandise offered for sale intending to deprive the merchant of it without paying full retail value, or by switching or removing price tags, moving merchandise to another container, under-ringing, or disabling a security tag or strip, with that intent.

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Offense and valueGrade
Offense and valueA first offense, merchandise worth less than $150GradeSummary offense
Offense and valueA second offense, less than $150GradeMisdemeanor of the second degree
Offense and valueA first or second offense, $150 or moreGradeMisdemeanor of the first degree
Offense and valueA third or later offense, any valueGradeFelony of the third degree
Offense and valueMore than $1,000, or a firearm or motor vehicleGradeFelony of the third degree
  • Prior offenses include convictions and accelerated rehabilitative disposition, here or in another state.
  • Amounts from one scheme, from one store or several, may be added together to set the grade.
  • Intentionally concealing unpurchased merchandise, in the store or outside it, is presumed to be done with the intent the section describes.
  • A peace officer, merchant, employee or contracted agent with probable cause may detain a suspect in a reasonable manner for a reasonable time to identify them, recover merchandise, and inform the police.

The extra fines for motor fuel and the rest of the detention rule are in the section and are not reproduced in full here. What a grade means in fines and jail is on this state's charges page. Whether a charge fits is a question for a court and for a licensed Pennsylvania attorney.

Sources for this section (1)
  1. 18 Pa.C.S. 3929 — Retail theft

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.

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