I recently had occasion to think about the relationship between shoplifting and larceny. The two offenses in a nutshell. Larceny is normally a Class 1 misdemeanor. It requires proof that a defendant has (1) taken (2) personal property that is (3) in the possession of another, and (4) has carried it away (5) without consent and (6) with the intent to deprive the possessor of it permanently, while (7) knowing that he or she was not entitled to it. See generally G.S. 14-72. Shoplifting is normally a Class 3 misdemeanor. It requires proof that a defendant has (1) willfully concealed (2) merchandise of a store (3) without authority, (4) without having purchased the merchandise, and (5) while still on the premises of the store. G.S. 14-72.1. Shoplifting may be charged when a person is apprehended within a store after concealing merchandise, while larceny is typically charged when the person is apprehended after leaving the store. The general thinking seems to be that the departure from the store cements the elements of carrying away and intent to deprive. Charging both offenses. Suppose that a person conceals an item and then walks out of a store with the item without paying. May the person properly be charged with both shoplifting and larceny? May the defendant properly be convicted of both crimes? Double jeopardy would not prohibit it. The two offenses are separate for purposes of double jeopardy analysis, as each offense “requires proof of an additional fact which the other does not.” Blockburger [...]
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