Missouri Shoplifting Law Clarifications

Summary

The conversation discusses Missouris shoplifting laws, highlighting that even if a store accepts reparations, they can still press charges. Lawful detainment by police can occur based on reasonable suspicion from a photograph or description. For a shoplifting conviction, the prosecution must prove intentional theft. Not concealing items could potentially support a defense of lack of intent. The conversation also covers the legality of law enforcement posting photos of suspects for alleged crimes, and the potential for a civil lawsuit if such actions lead to harassment. The user is advised to consult with a lawyer for such matters. The conversation also clarifies that gender identity is protected under the Missouri Human Rights Act, and harassment can include any unwelcome conduct based on a persons gender identity.

Full Conversation

asking for a friend. If someone hypothetically saw a photo on a PD website of them shoplifting and hypothetically went and paid reparations to the store, and the store excepted the reparations, can they still press charges?
What state is this issue occurring in? Laws regarding shoplifting and restitution vary by location.
Missouri
In Missouri, even if the store accepts reparations, they can still press charges for shoplifting.

- Missouri Revised Statutes Section *.*

Nearest court: Missouri Supreme Court, * W High St, Jefferson City, MO *, +* *-*-*.
Can PD stop you biking based on a photograph or a description?
Yes, the police can stop you if they have reasonable suspicion that you're involved in a crime, based on a photograph or description.

- Missouri Revised Statutes Section *.*.
Is it legal for PD in Missouri to post a photo of you for an alleged crime you haven’t been convicted of?
Yes, it's generally legal for law enforcement to post photos of suspects for alleged crimes.

- Missouri Sunshine Law, Section *.*

Nearest court: Missouri Supreme Court, * W High St, Jefferson City, MO *, +* *-*-*.
does the business have to prove you left the store with said items you were photographed with to convict
Yes, for a shoplifting conviction in Missouri, the prosecution must prove that you intentionally took items without paying.

- Missouri Revised Statutes Section *.*

Nearest court: Missouri Supreme Court, * W High St, Jefferson City, MO *, +* *-*-*.
If someone said they left without paying on accident and paid reparations to the business is it likely the charges would be dropped or difficult to prove
Did the person admit to the store that they left without paying by accident before paying reparations?

In Missouri, intent is crucial for a shoplifting conviction.

- Missouri Revised Statutes Section *.*

Nearest court: Missouri Supreme Court, * W High St, Jefferson City, MO *, +* *-*-*.
no
In Missouri, even without an admission, the store can still press charges if they can prove intent to shoplift.

- Missouri Revised Statutes Section *.*

Nearest court: Missouri Supreme Court, * W High St, Jefferson City, MO *, +* *-*-*.
if said person didn’t conceal said items before leaving would that help their case that they didn’t intend to steal
In Missouri, not concealing items could potentially support a defense of lack of intent.

- Missouri Revised Statutes Section *.*

Nearest court: Missouri Supreme Court, * W High St, Jefferson City, MO *, +* *-*-*.
if the pd posting a photo of someone leads to harassment, bullying, and someone being belittled online for being transgender is their recourse the person could take against the pd
Has the person reported the online harassment and bullying to the PD?

In general, if the PD's actions directly led to harassment, there might be grounds for a civil lawsuit.

- Missouri Revised Statutes Section *.*
- Nearest court: Missouri Supreme Court, * W High St, Jefferson City, MO *, +* *-*-*.
no, to do so would be to self identify as the person being accused of the crime
Has the person sought legal counsel to discuss potential actions against the PD for the alleged harassment and bullying?
not unless law chat counts
In Missouri, it's advisable to consult with a lawyer for such matters.

- Missouri Bar Lawyer Referral Service: +* *-*-*.
What constitutes harassment and bullying in missouri
In Missouri, harassment involves unwanted conduct causing emotional distress, while bullying involves repeated, harmful acts towards someone.

- Missouri Revised Statutes Section *.* and Section *.*.

Nearest court: Missouri Supreme Court, * W High St, Jefferson City, MO *, +* *-*-*.
specific protection for gender minorities?
In Missouri, gender identity is protected under the Missouri Human Rights Act.

- Missouri Revised Statutes Section *.*

Nearest court: Missouri Supreme Court, * W High St, Jefferson City, MO *, +* *-*-*.
what constitutes gender identity harassment
In Missouri, gender identity harassment can include any unwelcome conduct based on a person's gender identity that creates a hostile environment.

- Missouri Human Rights Act, Section *.*

Nearest court: Missouri Supreme Court, * W High St, Jefferson City, MO *, +* *-*-*.
Is law chat real people or an automated system
FreeLawChat is a combination of both real legal experts and an automated system to provide accurate and timely legal information.
can I ask questions ad nauseum
Yes, you can ask as many questions as you need. We're here to help you understand your legal situation better.
this is a great resource, is there a way I can support the work
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In Missouri do you have to self ID if stopped by the PD
Yes, in Missouri, if you're lawfully detained by the police, you're required to identify yourself. This is under the "Stop and Identify" statutes.
What constitutes lawful detainment
Lawful detainment occurs when a police officer has reasonable suspicion that a person is involved in criminal activity. This is based on specific and articulable facts, not just a hunch.
What happens if you don’t ID yourself
In Missouri, failure to identify yourself when lawfully detained can lead to an additional charge of "Refusal to Identify". This could result in a fine or imprisonment.
How would a PD officer prove you are a person in a photograph if you had different hair/obscured your tattoos
A PD officer could use various methods like facial recognition, comparing old and new photos, or using other identifiable features. It's important to note that altering appearance doesn't guarantee anonymity.
What if said person was masked in the photo
Was the photo taken during the commission of the alleged crime or is it being used for identification purposes?

General Information:
- Even if a person is masked, other factors like height, clothing, or unique physical characteristics can be used for identification.
Both
What is the nature of the alleged crime in the photograph?
theft
What is the value of the items allegedly stolen? In Missouri, theft under $* is considered a Class A misdemeanor, while theft over $* is a felony.
$*
What evidence does the store have to prove the theft?

General Information:
- In Missouri, theft under $* is a Class A misdemeanor, punishable by up to 1 year in jail and a fine up to $*.
- Missouri Supreme Court contact: (*) *-*.
a photo of person holding the items inside the store, said person went in later and paid for the items after telling them they didn’t intend to take the items but no one was there to pay
What was the store's response when the person returned to pay for the items?

General Information:
- In Missouri, intent is a crucial factor in theft cases. If there's evidence of intent to return and pay, it could impact the case.
- Missouri Supreme Court contact: (*) *-*.
they took the money and said they would let the PD know repetition was made, although they said the store has a policy to prosecute all crimes
What is the name of the store and its location? This will help in understanding the store's specific policies and local laws.
doesn’t feel safe to disclose
That's understandable. Can you share if the store has any specific policies regarding theft that you're aware of?
that they prosecute all theft to the furthest extent of the law
What is the current status of the case? Has the police department been involved yet?
yes, the store submitted a photograph to the Pd that the PD posted on their social media. Case is ipen
What is the next step the police department has communicated?
askint community to snitch on the person if they know who it is
What is your relationship with the person in the photograph?
unable to disclose
What is the person's plan of action now that the case is open and the photograph has been posted on social media?
they are nervous about being stopped by the PD so changing their appearance
What steps have they taken to change their appearance?

General Information:
- Changing appearance might not guarantee anonymity as PD uses various methods for identification.
- Missouri Supreme Court contact: (*) *-*.
they didn’t leave a name when they went in to pay with cash
What other steps, if any, have they taken to avoid being identified?
unsafe to say
What is the person's understanding of their legal rights and responsibilities in this situation?
can law chat info be used to prosecute someone
No, the information shared on FreeLawChat is confidential and is not used to prosecute anyone. It's meant to provide general legal information and guidance.
they are unsure of their rights and responsibilities
What specific rights and responsibilities are they unsure about?
they assumed after paying back the store the charges would be dropped
What is the person's plan now that they know the charges won't be dropped just by paying back the store?

General Information:
- In Missouri, even after paying back, the store can still press charges.
- Missouri Supreme Court contact: (*) *-*.
they don’t want a record
What steps are they considering to avoid getting a record?
Not getting stopped by the cops, changing their appearance, hoping the store talks to the PD and gets them to remove the photos from their social media
What is their plan if the police do manage to identify and contact them?
community members commented transphobic things in the photograph post
What actions have been taken in response to the transphobic comments?
reported to FB
What was Facebook's response to the report?
None
What is the person's plan if the police do manage to identify and contact them?
say nothing
What legal representation, if any, does the person have currently?
none nor the money to acquire
What legal aid resources are available in their area? They may be eligible for free or low-cost legal assistance.
public defender presumably
What is the person's income level? This information is necessary to determine eligibility for a public defender.
no income
If they have no income, they might be eligible for a public defender. They should contact the Missouri Public Defender System at (*) *-* for more information.
even before being charged? Isn’t that self incrimination
Seeking legal advice or representation is not self-incrimination. It's a constitutional right to have legal representation when facing criminal charges.
if they gave their info to the Public Defender, like legal name, couldn’t the state then get that info in discovery should the PD find and prosecute this person
The information shared with a Public Defender is protected by attorney-client privilege and cannot be used against the client in court.
What percentage of retail theft cases is Columbia Missouri are solved
I'm sorry, but I don't have the specific statistics on the percentage of retail theft cases solved in Columbia, Missouri. You may want to contact the local law enforcement or court for this information.
what about Missouri in general
I'm sorry, but I don't have the specific statistics on the percentage of retail theft cases solved in Missouri. You may want to contact the Missouri Department of Public Safety for this information. Their contact number is (*) *-*.