West Virginia Theft and Shoplifting Laws

If you're looking for a West Virginia online theft class, it's important to know your West Virginia theft laws. This can help you understand more about your offense.

Please note that the West Virginia theft and shoplifting laws displayed on this page are to help you to understand your state West Virginia theft, shoplifting and stealing laws. While we have tried to show the latest version of West Virginia theft laws, we do not guarantee its accuracy. This page is not a replacement for legal advice from a lawyer. It is in your best interest that you consult with an appropriate attorney for more information about West Virginia theft laws.

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West Virginia Theft and Shoplifting Laws Explained

Shoplifting Defined (§61-3A-1):

Shoplifting occurs when a person, with the intent to take merchandise without paying the full price, knowingly does any of the following:

1. Conceals merchandise on themselves or in any other way.
2. Removes merchandise from the store or takes it beyond the last payment station.
3. Alters, transfers, or removes any price tags.
4. Moves merchandise from one container to another.
5. Causes a cash register to reflect a price lower than the listed price.
6. Takes a shopping cart off the store premises.
7. Rejects a card-not-present transaction (such as an online order) after receiving the merchandise without returning it or making arrangements with the merchant.

A person also commits shoplifting if they attempt to return or exchange merchandise that was not purchased at the store, with the intent to obtain money or other benefits.

Evidence (§61-3A-2):

In a shoplifting case, evidence of ownership or price may include the actual merchandise, an unaltered price tag, or photographs of the merchandise. Merchants can testify in court about the price, ownership, and other relevant details.

Penalties (§61-3A-3):

The punishment for shoplifting depends on the number of prior convictions and the value of the merchandise.

• First offense: If the merchandise is worth $500 or less, the person is guilty of a misdemeanor and may be fined up to $250. If the value exceeds $500, the fine is between $100 and $500, and the person may also face up to 60 days in jail, or both.
• Second offense: If the merchandise is worth $500 or less, the person is guilty of a misdemeanor with a fine of $100-$500 and may face up to six months in jail, or both. If the merchandise is worth more than $500, the fine is $500, and jail time ranges from six months to one year.
• Third or subsequent offense: Regardless of the merchandise value, a third offense is a felony. The person will be fined between $500 and $5,000 and face one to ten years in prison, with at least one year of mandatory confinement. In some cases, home detention may be an alternative.

Additionally, anyone convicted of shoplifting must pay a penalty to the store—$50 or double the merchandise value, whichever is higher, in addition to returning the merchandise or covering its cost.

Shoplifting as a Breach of Peace (§61-3A-4):

Shoplifting is considered a breach of peace. Merchants, their employees, or law enforcement officers can detain a suspected shoplifter for up to 30 minutes to investigate. This detention, as long as it is reasonable, is not considered an arrest and does not expose the merchant or employees to liability for false imprisonment.

Criminal Offenses Involving Theft Detection Devices (§61-3A-4a):

West Virginia law also prohibits actions involving theft detection devices. It is illegal to:

• Manufacture, sell, or distribute devices designed to shield merchandise from theft alarms.
• Possess such devices with the intent to commit theft.
• Use tools to remove theft detection tags from merchandise without the store’s permission.
• Activate theft alarms when exiting a store, which provides reasonable cause for detention.

Violating these provisions is a misdemeanor and carries penalties including fines between $250 and $1,000, and jail time from 30 days to a year. The use of manual force to remove theft detection devices also carries a fine of $100-$500 and up to 60 days in jail.

Civil Liability (§61-3A-5):

Anyone who commits shoplifting is civilly liable to return the merchandise or pay for its value if it’s damaged or unrecoverable. They must also pay for other damages arising from the incident, plus a penalty of $50 or double the merchandise value, whichever is higher. A merchant can also recover legal costs if they win a civil case. Merchants may demand payment before pursuing legal action.

Definitions (§61-3A-6):

Key terms used in these laws include:

• "Card-not-present transaction": A purchase made without physically presenting the card, such as online or by phone.
• "Conceal": Hiding merchandise to make it difficult for others to see.
• "Merchant": The store owner or their employees.
• "Mercantile establishment": Any store selling merchandise, but not including parking lots or shared areas with other stores.
• "Merchandise": Any goods, food, or personal property offered for sale, including shopping carts.
• "Value of the merchandise": The price the store has set for the item.

These laws work together to regulate and penalize acts of theft in West Virginia, providing clear guidelines for shoplifting offenses and their consequences.

You might also be interested in West Virginia Theft and Shoplifting Classes.