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Shoplifting

W. Va. Code § 61-3A-3 — a fine the first time, jail the second, a felony the third, and $50 or double to the store

Shoplifting includes concealing merchandise, taking it past the last register, switching price tags or containers, or making the register ring less, with intent not to pay the stated price.

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ConvictionThe penalty
ConvictionFirst, $500 or lessThe penaltyA fine of not more than $250
ConvictionFirst, over $500The penaltyA fine of $100 to $500, jail of not more than 60 days, or both
ConvictionSecond, $500 or lessThe penaltyA fine of $100 to $500, jail of not more than six months, or both
ConvictionSecond, over $500The penaltyA fine of not less than $500 and not less than six months nor more than one year in jail
ConvictionThird, any valueThe penaltyA felony, a fine of $500 to $5000, and not less than one year nor more than 10 years

Thirty minutes. A store owner, employee or officer with reasonable ground to believe someone shoplifted may detain them in a reasonable manner for no more than thirty minutes to investigate, and that is not an arrest.

  • W. Va. Code § 61-3A-4

Every conviction adds a penalty paid to the store of $50 or double the value, whichever is higher. A particular charge is a question for a licensed West Virginia attorney.

Sources for this section (3)
  1. W. Va. Code § 61-3A-1 — Shoplifting defined
  2. W. Va. Code § 61-3A-3 — Shoplifting: penalties
  3. W. Va. Code § 61-3A-4 — Shoplifting constitutes breach of peace; detention

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

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