Ask a Lawyer: Is It OK to Shoplift If the Line Is Really Long and the Item Isn’t That Expensive?

We’ve all gotten into a 20-minute checkout line to buy a bottle of water and wondered, “Would it be that big of a deal if I just didn’t pay for this?”

We asked Juris Doctor Matthew Cantor: is it OK to shoplift in the case of a long line and inexpensive item?

“Legally I have to say, ‘no,’” Cantor replied, before pausing to deliver a deliberate wink. “That is — ” wink “ — still shoplifting — ” wink “ — and I would not advise any of my clients to do that.” He winked again and then mouthed, “Go for it.”

He went on to confirm that stores are unlikely to press charges if you’re caught stealing a low-value item, and are far more likely to ask you to leave and never come back. “But remember,” he continued, “turnover in retail is high, and you’re only banned for as long as Jim is the night manager at that particular Duane Reade.”

Cantor added that “dropping” the dollar amount of the item on your way out the door was unlikely to have the intended effect. “There’s a very low probability that that $1.50 will make it into the register,” he confirmed.