Is Not Scanning Items at Self-Checkout Considered Shoplifting in Georgia?
Self-checkout lanes offer convenience, but they also come with legal risks. Many retailers use cameras and security measures to detect theft, and if an item is not scanned, the store may report it as shoplifting. Georgia law treats shoplifting seriously, and failing to scan an item—whether intentional or accidental—can lead to criminal charges.
Georgia law classifies shoplifting under O.C.G.A. § 16-8-14, which includes taking merchandise without paying, altering price tags, or transferring items into different packaging. The law does not distinguish between traditional theft and self-checkout violations. Even if the failure to scan an item was unintentional, a store’s loss prevention team may call the police.
Retailers rely on surveillance and artificial intelligence to flag suspicious activity. Some customers have been accused of theft after a simple mistake at the self-checkout. Understanding the legal consequences of these cases can help individuals protect themselves from wrongful accusations or unfair penalties.
Georgia’s Shoplifting Laws and Self-Checkout Incidents
Under O.C.G.A. § 16-8-14, shoplifting occurs when someone intentionally takes merchandise without paying. Georgia law lists several ways shoplifting can happen, including:
- Concealing an item and leaving the store
- Changing price tags to pay less
- Switching containers to deceive the cashier
- Failing to scan an item at self-checkout
- Placing an item in a bag without paying
Retailers frequently prosecute shoplifting cases, even when the amount is small. A person caught failing to scan an item could face charges ranging from a misdemeanor to a felony, depending on the value of the goods.
Accidental vs. Intentional Shoplifting at Self-Checkout
Not every self-checkout mistake is shoplifting. If someone forgets to scan an item, it may be an honest mistake rather than theft. However, Georgia law does not require intent to be explicitly proven in all cases. A person can still be charged if there is enough evidence to suggest they deliberately avoided paying.
Retailers may argue that:
- The customer failed to scan multiple items
- They bagged an unscanned item without trying to correct the mistake
- Store security footage shows behavior that suggests an attempt to avoid payment
A simple mistake can lead to serious consequences, including arrest, fines, or even a permanent criminal record.
Criminal Penalties for Shoplifting in Georgia
The severity of a shoplifting charge depends on the value of the stolen items:
- Less than $500 – Misdemeanor punishable by up to 12 months in jail and fines up to $1,000
- $500 or more – Felony charge with potential prison time between one and ten years
Additionally, Georgia law allows stores to impose civil penalties on those accused of shoplifting. Under O.C.G.A. § 51-10-6, businesses may demand restitution, including the value of the stolen merchandise and additional fines.
What To Do If Accused of Self-Checkout Shoplifting
If accused of shoplifting at self-checkout, taking the right steps can make a significant difference:
- Remain calm and avoid arguing with store employees
- Do not admit guilt or sign any store documents
- Ask to see security footage to determine if an error occurred
- Request legal representation before speaking with law enforcement
Even if a mistake occurred, a legal defense may exist. Prosecutors must prove intent, and evidence such as transaction history or store footage may help challenge the accusation.
Defenses Against Self-Checkout Shoplifting Charges
Possible defenses for self-checkout-related shoplifting charges include:
- Lack of intent – If the failure to scan an item was accidental, the charges may be reduced or dismissed.
- Technical issues – Some self-checkout machines do not register scans properly, leading to errors.
- Mistaken identity – Surveillance footage or store employees may have misidentified the person involved.
- No evidence – The store must prove theft beyond a reasonable doubt. If the evidence is weak, the case may not hold up in court.
A strong legal defense can prevent a criminal record and help individuals avoid unnecessary penalties.
Self-Checkout Shoplifting Frequently Asked Questions
What Should I Do If I Accidentally Forget To Scan An Item At Self-Checkout?
If you realize the mistake before leaving, notify store employees immediately. Most retailers appreciate honesty and will allow you to pay for the item. If accused of shoplifting, remain calm and avoid making any statements that could be used against you.
Can Security Cameras Prove I Intended To Steal?
Surveillance footage can show whether someone deliberately avoided scanning an item or if it was an honest mistake. However, intent must still be proven in court. A skilled attorney can argue that the footage does not establish intent beyond a reasonable doubt.
What Are The Long-Term Consequences Of A Shoplifting Conviction?
A shoplifting conviction can lead to criminal penalties, a permanent record, and difficulty finding employment. Some employers and landlords check criminal backgrounds, and a theft charge can negatively impact future opportunities.
Can I Fight A Shoplifting Charge If I Was Falsely Accused?
Yes. False accusations happen when store employees or security cameras mistakenly identify a person as a shoplifter. If there is no solid evidence proving intent to steal, a strong legal defense may lead to the dismissal of charges.
Is Pretrial Diversion An Option For First-Time Shoplifters?
Some counties in Georgia offer pretrial diversion programs, allowing first-time offenders to complete community service or educational courses in exchange for dropped charges. An attorney can determine if this option is available in your case.
Do Stores Have The Right To Detain Suspected Shoplifters?
Yes. Under Georgia’s merchant’s privilege law (O.C.G.A. § 51-7-60), retailers can detain individuals suspected of shoplifting, provided they have reasonable cause. However, they must follow legal procedures, and wrongful detentions may result in legal action against the store.
What Happens If I Refuse To Pay A Civil Demand For Shoplifting?
Some stores send letters demanding civil penalties from accused shoplifters. While paying the demand does not mean admitting guilt, ignoring it may lead to further legal action. Consulting an attorney before making any payments is the best course of action.
Can A Shoplifting Charge Be Removed From My Record?
In some cases, a first-time offense may be eligible for expungement or record restriction. If charges are dropped or dismissed, a lawyer can help file the necessary paperwork to clear your record.
Call The Mazloom Law Firm, LLC For Legal Help
Facing shoplifting charges related to self-checkout can be stressful, but the right legal defense can make all the difference. At The Mazloom Law Firm, LLC, we understand the challenges of defending against theft allegations and are committed to protecting our clients’ rights.
If you have been accused of shoplifting at self-checkout, do not take chances with your future. To receive a free consultation to discuss your shoplifting case, contact our Marietta criminal defense lawyer at The Mazloom Law Firm, LLC by calling 770-590-9837. Our offices in Marietta, Atlanta, and surrounding counties serve clients throughout Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale counties in Georgia.
