Russian-language resources have been writing for several years about American laws that allow thieves to empty stores without any risk to their freedom. We checked whether this is actually true.
According to numerous publications in recent years, America has been swept by a wave of shoplifting, the participants of which remain unpunished. This is supposedly due to the fact that in a number of states - for example, in California and New York - theft of up to $1000 is no longer considered a crime (some articles specify that violators are not sent to jail, but can still be fined). According to the media and users of social networks, thieves go shopping with a calculator, collect goods up to the specified limit and, without any resistance from security, leave the outlet to return the next day for more loot.
Such publications wrote about this phenomenon as RT, NTV, Regnum, "Arguments and facts" And Maxim, as well as entertainment sites (for example, "Peekaboo"). A TV presenter spoke about the situation in his Telegram channel Vladimir Solovyov.
The topic of street crime in the United States reached the front pages of the world's newspapers in 2021, when, after the death of an African American George Floyd At the hands of the police, mass protests began in the country and turned into riots. It was then that the media (including Russian) started writing about the atmosphere of impunity and new laws that allow thieves not to worry about their freedom. Often the messages were accompanied video recordings from the scene of the incident.
Let's look at the situation using the example of two states that usually appear in such news stories - California and New York.
In 2014 in California voted for the adoption of Proposition 47, a legislative initiative, providing, that only those convicted of serious and/or violent crimes would be sent to prison, and that the money saved would go to schools (to prevent future crimes), victim services, and treatment for people with mental illness and drug addiction. Within the framework of this legislation was introduced a separate concept of “shoplifting,” which was defined as breaking into a commercial establishment during business hours and then stealing property worth up to $950. This type of offense, according to Proposition 47, falls under the category misdemeanor, that is, minor crimes bordering in severity on an administrative offense. However, shoplifting is punishable by up to six months in jail or a fine of up to $1,000. How lawyers explain, a shoplifter has the greatest chance of receiving the maximum sentence if he repeats the crime (which, however, does not guarantee his freedom even in the case of his first offense). In addition, theft during non-working hours is classified as burglary regardless of the value of the stolen goods, and during work, but with the use or threat of use of force - as robbery (up to nine years in prison). As of 2021, California law also includes concept "organized retail theft", and in these cases even accomplices of shoplifters threatens imprisonment for up to one year. Despite relaxations in legislation, in California, as in the United States as a whole, until the early 2020s observed drop in property crimes.
Legal cases are similar in New York State, where theft of property under $1000 in the absence of aggravating circumstances counts small, applies is a Class A misdemeanor, punishable by up to 364 days in jail or a fine of up to $1,000. If such a crime was the first in the offender’s biography, he can propose a more lenient sentence - a fine or community service, but this approach is not guaranteed. In 2022, the state had registered There are about 22,000 arrests for shoplifting, but that's down 5.81%. below, than the national average, despite all the reports about legislation that allegedly provokes such crimes.
Deserves special attention dispersed in 2023, information that a new California law allegedly prohibited store employees from preventing thefts and robberies. However, this statement is incorrect - in fact, he banned employers are required to force their employees to resist in such circumstances, and this restriction does not apply to store security. The measure is designed to preserve the life and health of ordinary employees of retail outlets, such as cashiers and managers.
Thus, contrary to the disseminated information, often accompanied by numerous videos, the laws in California and New York do not allow impunity to rob local stores of up to $950 and up to $1,000, respectively. These violations are among the minor crimes, for which punishment is provided - up to imprisonment. The number of shopliftings in the US is quite high. great, the percentage of violators detained at the crime scene is, indeed, very short, however, this does not exempt them from liability before the law.
Cover photo: csnews.com
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