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Changing price tag or label in store

Submitted by GGB7 on Sat, 08/27/2011 - 07:34
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My son was arrested in Massachusetts after he and a friend tried to change the price tags on some sporting goods and pay a smaller amount. He's 18 and he obviously should have known better. As far as I know this is the first time he's done anything like this and he has certainly never been arrested for anything before. He has to go to a magistrate hearing now. My question is what the penalty is for this type of thing if he is convicted. I can't seem to find any law about altering price tags. Thanks for your help.

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Shoplifting penalties

Submitted by The Editor on Sat, 08/27/2011 - 11:34.

Under Massachusetts General Laws Chapter 266, Section 30A, the changing of price tags is classified as a form of shoplifting:

Any person who intentionally alters, transfers or removes any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the retail value thereof.

Section 30A spells out the following potential penalties for a person convicted of shoplifting:

(1) If the value of the goods is less than $100, the convicted party may be penalized by a fine of up to $250 for a first offense, a fine of not less than $100 or more than $500 for a second offense, and, for a third offense, a fine of not more than $500 or imprisonment in a jail for not more than two years, or both. 

(2) If the value of the goods exceeds $100, any conviction may result in a fine of up to $1000 or by imprisonment in the house of correction for not more than two and one-half years, or both.

However, you should talk to a MA criminal defense attorney, or encourage your son to do so, to see if the consequences of his actions can be mitigated.  Follow this link for some information about a magistrate hearing for shoplifting.

 

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