The definition of theft by shoplifting in Nebraska encompasses more activities than simply taking an item out of a store without paying for it. An individual may be charged for theft by shoplifting as long as there is evidence that the person acted intentionally to deprive a storeowner of all or part of the retail value of some merchandise.
A person could be charged for theft by shoplifting if they take possession of merchandise or attempt to conceal it. Altering or replacing the price tag on an item and moving a product from one container to another are also activities that are considered theft by shoplifting. Additionally, an individual who is caught disabling or removing a security device on a product or causing the cash register to reflect a lower price for merchandise could be charged for theft crimes.
When a theft by shoplifting charge is being prosecuted, evidence of the activities in question may be presented in the form of photographs of the shoplifted property. The photographs will be accompanied by information about the property and where and when the alleged shoplifting incident occurred.
Before photographic evidence of theft by shoplifting can be presented in a court hearing, the defendant’s attorney will have an opportunity to inspect the evidence. The attorney may also have the value of the merchandise appraised in case the appraised value turns out to be different from the prosecution’s claim about the value of the merchandise. If there is a reasonable amount of evidence to prove that the photographs of the allegedly shoplifted merchandise are misleading, an attorney may be able to file a motion to suppress the photographic evidence.
Source: Nebraska Legislature, “28-511.01. Theft by shoplifting; penalty; photographic evidence.“, November 05, 2014
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