In New Jersey, concealing unpurchased merchandise of any store is legally presumed to indicate an intent to shoplift. In this context, conceal means there may be some notice of the presence of the merchandise, but it’s not visible through ordinary observation.
This is a prima facie presumption, which means it’s sufficient evidence to establish intent to steal unless the defendant presents evidence to rebut it.
Here is what to know about this presumption:
Concealed upon a person or their belongings
A store that finds unpurchased merchandise upon a person or the belongings of such a person shall have prima facie evidence of purposeful concealment. For example, when the merchandise is found in a person’s pocket, purse or inside their clothing/another container.
Concealed upon another person or the belongings of another
If a person causes another person to conceal merchandise, they can face a shoplifting charge for the intentional act of using a third party to conceal merchandise for them. Merchandise recovered in such a circumstance shall be prima facie evidence of willful concealment.
How mistakes can lead to this presumption
Typically, a lot happens when someone is shopping. Paying attention to a shopping list when moving between aisles while dealing with distractions from advertisements or phone calls can be overwhelming. Consequently, it can be easier to accidentally place an item in the pocket or a shopping bag brought from home and forget about it. Or a small item falling into a larger one and going unnoticed by the cashier and the customer.
The rise of self-checkout has also increased the likelihood of honest mistakes. A customer can easily forget to scan an item or fail to realize it did not scan.
If you have been accused of concealing unpurchased merchandise, get more details on how you can protect yourself from potential penalties.