Shoplifting is charged under G.L. c. 266, § 30A. It covers more than walking out of a store without paying. Hiding goods, switching price tags or containers, ringing up a false price, and taking a shopping cart can all be shoplifting. It is a misdemeanor at every value level. District Court Instruction 8.620 sets out what the Commonwealth must prove beyond a reasonable doubt.
At a Glance: Shoplifting
Under $250
first offense: a fine of up to $250, with no jail
$250 or more
up to 2½ years in the house of correction, a fine up to $1,000, or both
Six ways
taking, hiding, tag switching, container switching, false price, cart removal
Misdemeanor
no state prison term at any value
The law: G.L. c. 266, § 30A; District Court Instruction 8.620 (April 2019)
What the Law Covers
Section 30A applies to merchandise offered for sale by a store or other "retail mercantile establishment." It is shoplifting to intentionally do any of these six things:
Take it: take, carry away, or transfer merchandise, or cause someone else to, intending to deprive the store of it or convert it to your own use without paying.
Hide it: conceal merchandise on your person or elsewhere, with that same intent.
Switch or remove a price tag: change, move, or remove a label or price tag, and then try to buy the item for less than full price.
Switch containers: move merchandise out of its display container into another container.
Ring up a false price: record a price lower than the real retail price.
Take a shopping cart: remove a cart from the store's premises without permission, intending to keep it from the store for good.
Instruction 8.620 says "conceal" means covering an item or taking it out of view so it is harder to find. Hiding an item is a separate way to commit the crime, so you can be charged without ever leaving the store.
What the Commonwealth Must Prove
The exact elements depend on which of the six acts is charged. For the most common form, taking merchandise, Instruction 8.620 requires proof of three things:
You intentionally took, carried away, or transferred retail merchandise, or caused it to be carried away or transferred.
The merchandise belonged to someone else.
You intended to deprive the store of it, or to use it yourself without paying full value.
The other forms follow the same pattern. Each requires an intentional act and an intent to cheat the store out of the goods or part of their price. For a false price at the register, the Commonwealth must also prove you knew the price was too low. For a shopping cart, it must prove you meant to keep it from the store permanently. Read more about criminal intent.
Value: Why $250 Matters
The penalty turns on the "retail value of the goods obtained." If value is alleged to be $250 or more, the jury must decide whether the Commonwealth proved that beyond a reasonable doubt. Jurors may use their general knowledge; no expert is required. The $250 line took effect April 13, 2018. Before that, it was $100.
When the goods are worth less than $250, § 30A applies instead of the general larceny statute. At $250 or more, the Commonwealth may charge either shoplifting or larceny under § 30.
Penalties
Retail value under $250, first offense: a fine of up to $250. There is no jail for a first offense at this level. Later offenses carry higher fines, and a third or later offense can carry jail.
Retail value of $250 or more: a fine of up to $1,000, up to 2½ years in the house of correction, or both.
Because § 30A has no state prison term, shoplifting is a misdemeanor, not a felony. Read more about misdemeanors and felonies.
Defenses
No intent: forgetting an item in your cart, being distracted, or a mistake at self-checkout is not shoplifting. The law requires an intentional act and an intent to deprive the store.
Wrong form charged: each of the six acts has its own elements, and the proof has to match the one charged.
Value: if the Commonwealth can't prove the goods were worth $250 or more, the lower penalty level applies.
Identification: store video and employee accounts can be unclear. The Commonwealth must prove you were the person involved.
Why a Lawyer Matters
A shoplifting charge can feel minor, but it is still a criminal charge. Cases often turn on intent and value: what you meant to do, and what the goods were actually worth. I have defended criminal cases for 23 years. If you have been charged with shoplifting, call 781-393-5900.
Related Charges
Larceny by stealing (G.L. c. 266, § 30): the general theft charge, which can apply when the goods are worth $250 or more.
Larceny from the person (G.L. c. 266, § 25): stealing from someone's body or immediate control.
Larceny by check (G.L. c. 266, § 37): paying with a check you know won't clear.
Breaking and entering (G.L. c. 266, § 16): breaking into a building with intent to commit a felony.
Disclaimer
This information is for general educational purposes only and not legal advice. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
