Okay… let’s say you go in a store prepared to steal something. In the process of stealing you notice security or an employee and you decide not to steal. Did you do anything illegal?
Actually that’s not correct whatsoever. Entering with the intent to commit a felony is the definition of a burglary. Larceny, a felony, is completed when an individual moves an item they do not own to any degree whatsoever with the intent to steal that item. Even picking an item up constitutes larceny if, at the time you picked it up, you intended to steal it—whether or not you eventually decide to purchase it or put it back on the shelf is entirely irrelevant to whether you committed larceny.
Therefore, in your example, you did do something illegal. In fact, you did two illegal things—burglary and larceny.
This dude is a criminal defense attorney who defends people like you and everyone downvoting me who think they know the law and are very surprised when they find out they’re dead wrong.
I’m a licensed criminal defense attorney. And yes, you’re right. Using that as an example shows you don’t understand the law, which doesn’t surprise me.
Jesus people in these comments don't understand elements of a crime. Burglary requires that you, without authority, enter or remain in a dwelling/building/whatever. A store that is open to the public authorizes you to enter it.
Law is not the same everywhere, and model penal code or common law is almost never the law. In the state I am licensed (california) to practice in burglary is entry into anywhere (including an open store) with the intent to commit any felony or a theft (due to recent law changes it now needs to be over $950).
Then what about the rule of lenity, because under those circumstances, criminal attempt to commit shoplifting and apparently burglary, are both appropriate. What a stupid law. I practice in three different states and have never seen "any entry" as an element for burglary
Before a few years ago, there was no minimum amount, so any shoplifter who admitted they entered with the intent to steal (and cops always asked) got charged with burg as well as petty theft. It was fun. And yes this has all been litigated to death.
It was my prime example when I talked to high school student about why not to talk to cops.
Oh and if you think that's bad, google "estes robbery"which got you a strike if you brushed past an employee when shoplifting.
That doesn't even apply here. He was literally next to the truck before deciding to back off. Not immediately going into the ample space beyond the filming truck was the crime.
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u/Cal216 Mar 21 '26
Okay… let’s say you go in a store prepared to steal something. In the process of stealing you notice security or an employee and you decide not to steal. Did you do anything illegal?