- Before July 1, 1976, shoplifting was a separate offense under Washington law. Effective on that date, however, Washington repealed the separate offense of shoplifting. Since that date, shoplifting is charged under Washington's general theft laws, which cover the theft of both goods and services. If the shoplifter steals a firearm, however, he will be charged with the separate offense of theft of a firearm.
- All shoplifting cases are now tried as theft. The specific theft offense which will be charged in a particular shoplifting case, however, depends upon the value of the goods taken. Most often, a shoplifter will be charged with theft in the third degree. Theft in the third degree applies when the value of the stolen goods does not exceed $750. If the value of the goods is greater than $750, but does not exceed $5,000, the shoplifter will be charged with theft in the second degree. In the very rare case where the value of the stolen goods exceeds $5,000, the offender will be charged with theft in the first degree.
- Theft in the third degree is a gross misdemeanor, which carries a sentence of up to one year in a county jail. The court can also levy a fine of up to $5,000, either in addition to the jail term or in place of it. Theft in the second degree is a Class C felony, while theft in the first degree is a Class B felony. Each of these offenses carries a sentence of up to 10 years in a state prison.
The court can also levy a fine of up to $20,000, again either in addition to the jail term or in place of it. The Washington sentencing guidelines, however, call for an average sentence of between a few days and just over two years for theft in the second degree depending upon the offender's history. Likewise, for theft in the first degree, the guidelines call for an average sentence of between 90 days and just over four years, again depending upon the offender's history. - In addition to the sentence imposed by the criminal court, a shoplifter may be required to pay a civil penalty. The owner of the shoplifted goods may demand from an adult shoplifter (or emancipated minor) the payment of the value of the goods (up to $2,850) plus a penalty of between $100 and $650. The shoplifter may also be required to pay the owner's attorney's fees and court costs. If the shoplifter is a minor, the same penalty applies against the child's parents, but the owner may obtain the value of the goods only up to $1,425.
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