In Illinois, retail theft charges can carry serious consequences. However, the accused’s intent is a key element in any retail theft case.
The law requires that the prosecution demonstrate beyond a reasonable doubt that the accused intended to steal the item in question. Without intent, a retail theft charge may not stand.
Proving a lack of intent
Proving that there was no intent to commit retail theft can be difficult, but it is possible. Several factors can help establish a lack of intent. For example, perhaps you mistakenly left a store with an item and simply forgot to pay for it. This can commonly occur if an item is in a shopping cart or under a stroller.
Another situation might involve distraction. People often take phone calls or attend to their children while shopping, making it easy to walk out of the store absentmindedly. In these situations, the lack of intent becomes apparent.
Presenting evidence for your case
Witness testimony can support your claim of no intent. If someone saw that you had no intention to steal, their statement might help the defense. A store employee or another shopper might have noticed that you seemed distracted or confused when leaving the store. Video footage can also serve as evidence. Cameras might capture the behavior leading up to the alleged theft, potentially showing that you acted without the intention to steal.
Taking responsibility for the accident
Returning to the store to pay for or return the item as soon as possible could also help demonstrate that there was no intent to steal. However, timing is important; the quicker the return, the better the argument against intent.
Honest mistakes happen all the time, especially at a busy supermarket or grocery store. If you accidentally walked out of the establishment without paying for an item, you have every right to assert your lack of intent to steal.
