Did you know that carrying a magnet in your pocket can be seen as a crime? Or having extra pockets sewn into your jacket can land you with jail time and a hefty fine? Well, that is exactly what the Theft Detection Device statue – C.R.S. 18-4-417 – states. This law is set-up to encompass any tool, device, or scheme that could be used to help someone shoplift or steal. Anyone charged with this crime in Larimer, Boulder or Jackson County is facing a Class 1 misdemeanor and could receive a maximum punishment of eighteen months in jail and a $5,000.00 fine.
An Example of Shoplifting Charges in Fort Collins
Imagine a woman was accused of shoplifting by a store employee and the Fort Collins police are called. When searched, the police find razor blades in her pocket. Now, when the District Attorneys prosecute her, they can charge her with both theft (shoplifting theft) and possession of a Theft Detection Device. In this situation, it is imperative for her to practice her right to remain silent and call a trusted lawyer to defend her innocence.
The law separates Theft Detection Devices into three different categories:
- Theft detection deactivating devices
- Theft detection devices
- Theft detection shielding devices
What is a Theft Detection Deactivating Device?
A theft detection deactivating device is any tool, like wire cutters or magnets, that could be used to remove a theft prevention device from an item or to keep the device from functioning properly. Many pliers today contain a sharp edge which can double as a wire cutter. A mechanic might be shopping and have a set of these pliers hanging out of his back pocket. The clerk at the store could choose to call the Loveland Police and charges may be filed.
What is a Theft Detection Device?
When referring to theft detection device the statute means any apparatus a store uses to detect illegal removal of the item. Examples of these devices are tags or sensors a store installs to monitor their merchandise. Near the exits of most stores, you will see an interrogation zone, where sensors are found or security stands in order to detect any shoplifting. Even many public libraries have a system set up where books will set off an alarm if they have not been checked out or if the detection sensor has not been properly deactivated be the librarian.
What is a Theft Detection Shield?
A theft detection shielding device is anything that can be used to hide a stolen item.The shielding device must be created or used only to hide items, like hidden pockets sewn into a jacket or foil lined clothing. A woman may be shopping in a clothing boutique carrying a large purse. When rifling through the purse looking for something, the store clerk might see what he believes to be a hidden pocket and calls the Fort Collins police. If the police decide that the purpose of the pocket in the purse is to conceal something, then charges may be filed against the woman.
Why You Need a Lawyer for Shoplifting Charges
As you can see, this is a complicated law with many different facets. You can be charged for making, selling, or using these devices in any capacity. If using one of these devices expect a separate charge of theft, which could be a felony, depending on the value of the items taken. Because of the law’s complexity, you need a skilled criminal defense lawyer with experience in Larimer, Boulder and Jackson County.
If you or a loved one have been charged with Theft Detection Devices, be smart, exercise your right to remain silent, and call the best Theft defense attorneys from the O’Malley Law Office at 970-658-0007. Together, we can protect your future.
Image Credit: Pixabay – 2goldi