In New York can a person be convicted of shop-lifting if she never leaves the store with the item?

Shoplifting may be generally defined as the taking or concealing of merchandise with the intention of converting (stealing) it. Generally speaking you do not have to leave the store to be cited for shoplifting. This is a common law definition. For a more specific answer to your question consult a NY attorney.

There is no criminal offense in NYS called "Shoplifting." It is offenses covered by the "larceny" statutes which deal with stealing the property of another. If the value of the property is less than $1000 it is a misdemeanor crime called "Petit Larceny." If the value is more than $1000 it is "Grand Larceny" which has four degrees of seriousness depending upon the value. This case certainly sounds like "Petit Larceny" which is a Class A misdemeanor.

The statutory definition of larceny is:

1. A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.

Depending upon the circumstances this could include shoplifting without leaving the store. Alternatively (and more common) is to classify this as "Attempted Petit Larceny" which is a Class B misdemeanor. In many courts a first time offender will be offered an opportunity to plead to some non-criminal offense with a requirement of participating in a remedial course designed to reduce the number of repeat offenders.

Please note: Information contained in this internet posting is intended to inform, not to advise. No one should attempt to interpret or apply any law without the assistance of an attorney that is familiar with that area of law, the rules of the court involved and the specific facts of each individual case.