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.
| Conviction | The penalty |
|---|---|
| ConvictionFirst, $500 or less | The penaltyA fine of not more than $250 |
| ConvictionFirst, over $500 | The penaltyA fine of $100 to $500, jail of not more than 60 days, or both |
| ConvictionSecond, $500 or less | The penaltyA fine of $100 to $500, jail of not more than six months, or both |
| ConvictionSecond, over $500 | The penaltyA fine of not less than $500 and not less than six months nor more than one year in jail |
| ConvictionThird, any value | The 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.
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)
- W. Va. Code § 61-3A-1 — Shoplifting defined
- W. Va. Code § 61-3A-3 — Shoplifting: penalties
- 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.