When you think of retail theft, you probably picture merchandise concealed in a bag. In Missouri, the crime of “stealing” encompasses a much wider range of deceptive acts, including the alteration of price labels or barcodes. This less-obvious form of retail fraud can lead to a formal theft charge that carries serious long-term consequences.
Changing a price tag is not automatically harmless
Missouri law does not contain a specific statute titled “price tag switching.” Instead, state law classifies this action under the broad umbrella of “stealing,” which occurs when a person takes another person’s property, intending to keep it, either without permission or by trickery.
Swapping a price tag often fits the definition of obtaining property by deceit because you use a fraudulent tag to trick the retailer into giving you the item at a lower, incorrect price. Law enforcement and prosecutors still treat this act as a serious form of retail fraud.
The legal repercussions are steep
The penalties and sentencing for theft, including price tag switching, depend on the value of the merchandise:
- Items valued under $750: Class A misdemeanor (up to 1 year in jail and $2,000 in fines).
- Items valued between $750-$25,000: Class D felony (up to 7 years in prison and $10,000 in fines).
- Items valued over $25,000: Class C felony (up to 10 years in prison and $10,000 in fines).
The greater the difference between the true price and the price you attempted to pay, the more serious the charge becomes.
Aside from the immediate penalties, a conviction can also affect your job, housing and other opportunities for years.
The element of intent matters
The prosecution must prove two main things to convict you: you committed the act, and you possessed the necessary criminal intent.
The prosecutor must demonstrate beyond a reasonable doubt that you had the “purpose to deprive” the store of the property’s full value. This high burden of proof can open up avenues for an experienced attorney to argue that you lacked the required intent.
You are not without defense
An arrest for a potential theft charge is not a conviction. You still hold all your legal rights and can fight the charges through these potential defense strategies:
- Lack of criminal intent: You honestly believed the item was priced as marked, perhaps due to a mistake by a store employee or another shopper. You did not act with the purpose to deprive the owner.
- Mistake of fact: You mistakenly grabbed an item with the wrong label, believing it was the actual price for that specific product.
- Insufficient evidence: The prosecution cannot prove you actually performed the price switch, and they rely only on weak circumstantial evidence.
- Voluntary abandonment: You decided not to purchase the item or tried to correct the mistake before a theft was completed.
Recognizing a defense and successfully employing it, however, in court are two very different things. Only a qualified defense attorney possesses the experience to properly assess the evidence against you. They know how to challenge the state’s proof of intent and how to present your version of events in a legally effective manner.
Securing professional representation is often the most reliable way to ensure you receive the strongest possible defense against these life-altering allegations.