For our clients who own stores, we often help them draft policies for dealing with shoplifters. With proper policies in place, our clients can ensure the safety of their staff and customers.

For our small business clients who own stores, we often help them create a set of policies and procedures that act as the guidelines for dealing with shoplifters. With proper policies in place, our clients can ensure the safety of their staff and all customers, including the shoplifter.

According to the National Association of Shoplifting Prevention, 1 in every 11 people living in the U.S. has shoplifted sometime in their life. As a result of the prevalence of shoplifting, retailers and other stores should prepare themselves beforehand to deal with the inevitable.

As your lawyer, we can help new businesses establish such procedures to ensure you are complying with the law, and that you are not inadvertently discriminating against a specific group of people. Potential questions store owners should ask themselves include:

* Will you prosecute shoplifters under the age of 18 above the age of 65?

* Is there a minimum dollar amount that is the threshold for prosecution?

* What tactics will you use to confront the shoplifter?

* Who should call the police?

* Is your goal to get the items back or to prosecute?

* What if the shoplifters end up actually paying for the item and feel bad for their original shoplifting?

Stores have very different policies for how they deal with shoplifters. Victoria's Secret’s policy is that shoplifters do not get accused, approached, or pointed out, and if you are an employee and you do any of those things, you risk losing your job. Walmart and Macy's have similar policies. They don't want employees to be harmed by aggressive shoplifters. On the other hand, many store owners want there to be some repercussions for shoplifting.

Here in Washington, the laws governing theft cases can be found in RCW Chap. 9A.56. Theft charges are divided into three levels of seriousness, depending on the value of the item stolen and certain other factors:

(1) Theft 1st Degree (9A.56.030): The theft of property or services with a value over $5,000 or the theft of property of any value when taken from the person of another.

Theft 1st Degree is a Class B Felony punishable by a maximum of 10 years in jail and a $20,000 fine.

(2) Theft 2nd Degree (9A.56.040): The theft of property or services with a value over $750 but less than $5,000 or the theft of an access device (a card, code, or other means of account access).

Theft 2nd Degree is a Class C Felony punishable by a maximum of 5 years in jail and a $10,000 fine.

(3) Theft 3rd Degree or Simple Theft (9A.56.050 or similar city ordinance): The theft of property or services with a value of less than $750. Theft 3rd Degree or simple theft is the charge filed on most Washington shoplifting cases.

Theft 3rd Degree is a Gross Misdemeanor and punishable by a maximum of 364 days in jail and a $5,000 fine.

If you're a store owner and want some help preparing and implementing a policy for dealing with shoplifters, give us a call at 253.858.5434 to see how we can help.