Shoplifting

O.C.G.A.  § 16-8-14(a)  provides: 

• (a) A person  commits the offense of theft by shoplifting when such person alone or in  concert with another person, with the intent of appropriating  merchandise to his or her own use without paying for the same or to  deprive the owner of possession thereof or of the value thereof, in  whole or in part, does any of the following:
  
  
  • (1) Conceals or takes possession of the goods or merchandise of any store or retail establishment;
    
    
  • (2) Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;
    
    
  • (3) Transfers the goods or merchandise of any store or retail establishment from one container to another;
    
    
  • (4) Interchanges the label or price tag from one item of merchandise  with a label or price tag for another item of merchandise; or
    
    
  • (5) Wrongfully causes the amount paid to be less than the merchant's stated price for the merchandise.

 

Shoplifting Punishments

• 1st time Shoplifting $500.00 or less:

  • A maximum fines of $1,000.00 and up to 12 months in jail. This is considered a misdemeanor conviction.
    
    

• A new conviction for shoplifting less than $500.00 with 1 prior conviction

  • Minimum $500.00 fine and potentially jail time up to 12 months. This is considered a misdemeanor conviction. 
    
    

• A new conviction for shoplifting less than $500.00 with 2 prior convictions

  • Not less than 30 days in Jail, or 120 days house arrest, or 120 days in boot camp, plus a fine. This is considered a misdemeanor conviction.
    
    

• A new conviction for shoplifting less than $500.00 with 3 prior convictions

  • Not less than 1 year imprisonment no more than 10 years, plus a fine. The first year shall not be suspended, probated, deferred, or withheld. This would be considered a felony conviction.
    
    

• 1st conviction when the value of property taken is over $500.00

  • Not less than 1 year imprisonment no more than 10 years, plus a fine.  This would be considered a felony conviction. 
    
    

• Shoplifting from 3 separate stores in 1 county in a 7 day window, total amount over $500.00

  • Not less than 1 year imprisonment no more than 10 years, plus a fine.  This would be considered a felony conviction. 
    
    

• A conviction for shoplifting when the property taken during a 180 day period is over $500.00 in value

  • Not less than 1 year imprisonment no more than 10 years, plus a fine.  This would be considered a felony conviction.
    
    

Shoplifting Punishment further explained

I understand that it might seem a bit crazy that you could be convicted of shoplifting a $1.00 pack of gum once a year for four years and become a felon. O.C.G.A. 16-8-14(b)(1)(c) provides for a sentencing range when an individual is convicted of four or more times for shoplifting and gives the trial court discretion within this sentencing range. In contrast to the Georgia Recidivist Sentencing scheme set out in O.C.G.A. 17-10-7(a) providing that, a defendant with a prior felony conviction who thereafter is convicted of another felony, the Judge must sentence the defendant to the maximum term under the statute. 

In William v. State, 261 Ga. App. 176 (2003) the Court held that the conflict between the sentencing under the Recidivist statute and the sentencing scheme under the shoplifting statue is addressed by the principal that "a specific statute will prevail over a general statue, absent any indication of a contrary legislative intent".