Sentencing for Shoplifting

Some crimes have their own sentencing regime—impaired driving, drug trafficking, and first-degree murder to name a few. There are also crimes that fall under Structured Sentencing but that also have additional punishment provisions built in. One such crime is concealment of merchandise in mercantile establishments, better known as shoplifting. Under G.S. 14-72.1(e), the punishment for shoplifting (and for transferring or using false price tags) is as follows. For first-time shoplifters, the defendant is guilty of a Class 3 misdemeanor, and the term of imprisonment may only be suspended on condition that the defendant complete at least 24 hours of community service. A second shoplifting offense committed within three years of the date of the first conviction is a Class 2 misdemeanor. The term of imprisonment may be suspended only on the condition that the defendant be imprisoned for a term of at least 72 hours as a condition of special probation, complete at least 72 hours of community service, or both. Oddly, the statute does not set out a mandatory minimum for a straight active sentence—the 72-hour minimum applies only to splits. For a third or subsequent offense committed within five years the crime is a Class 1 misdemeanor and the term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve at least an 11-day split sentence. There is no community service alternative for third-time offenders. Again, the statute does not set out a mandatory minimum for active sentences. Second [...]