Yes, you can absolutely be charged with petit theft in Florida for a mistake at a self-checkout, even if it was unintentional. This is one of the most common types of calls our office receives, and the majority involve incidents at self-checkout kiosks in Walmart and Target. Whether the item is $3 or $300, the legal consequences can be the same.
If you or someone you know has been accused of shoplifting or petit theft during a self-checkout transaction in Florida, it's critical to understand your rights, how Florida law works, and how intent plays a central role in your defense.
What Is Petit Theft in Florida?
Under Florida Statute §812.014, petit theft occurs when someone unlawfully takes or attempts to take property valued at less than $750, with the intent to deprive the owner of the property.
There are two levels of petit theft:
- Second-Degree Misdemeanor (property valued under $100): Up to 60 days in jail and a $500 fine.
- First-Degree Misdemeanor (property valued between $100 and $749): Up to 1 year in jail and a $1,000 fine.
Real-World Examples at Self-Checkout: It Happens All the Time
We see these cases almost daily, and most of them come from Walmart and Target locations. Self-checkout machines are convenient, but they are also carefully monitored by cameras and loss prevention officers (LPOs) trained to detect even minor discrepancies.
Here are some of the most common scenarios that lead to petit theft charges:
🔹 Unscanned Items
A shopper places an item in a bag or cart and forgets to scan it. This could be a bottle of shampoo, baby formula, a pack of batteries — anything. Even if it’s a $5 item, store security may detain you and press charges.
Example:
A customer scans 12 items but unintentionally skips one bottle of lotion. Loss prevention detains them and law enforcement charges them with petit theft under $100.
🔹 Scanning Errors
Sometimes the machine doesn’t beep, the barcode doesn’t register, or the scanner malfunctions — but if you bag the item anyway, it can be interpreted as theft.
Example:
A Target customer scans an item, thinks it scanned, but it didn’t register. They walk out after paying. The store later claims theft.
🔹 Barcode Swapping (Even If Accidental)
Swapping tags or scanning a cheaper barcode for a more expensive item is often seen as clear evidence of intent to defraud — even if the customer didn't know it happened or claims confusion.
Example:
A shopper scans a $2 sticker on a $25 phone charger. Whether intentional or not, this can lead to first-degree misdemeanor petit theft charges.
It Doesn’t Matter How Small the Item Is
Many people assume that if the item is cheap, they’ll just get a warning. That’s rarely the case.
- Walmart, Target, and similar stores have zero-tolerance policies.
- They often push for prosecution even when the item is under $10.
- Loss prevention officers may misinterpret or overreach in their investigation.
This means a mistake involving a $3 snack bar can lead to a permanent criminal record if not handled properly.
How a Criminal Defense Attorney Can Help
You should never face petit theft charges alone, especially when the situation was likely a misunderstanding. An experienced Florida theft defense attorney can:
📌 Review the Video Evidence
Most retail stores have high-quality surveillance. We work to obtain and review this footage to identify errors, gaps, or helpful context.
📌 Negotiate With Prosecutors
We may be able to get your case dismissed, resolve it through pretrial diversion, or convince the State Attorney’s Office that you lacked intent.
📌 Protect Your Record
Even a petit theft conviction can follow you for life. We work to avoid a conviction, pursue a withhold of adjudication, or explore expungement options if eligible.
Don’t Risk a Criminal Record Over a Checkout Mistake
If you’ve been accused of petit theft at Walmart, Target, or any other store in Florida — whether it was a mistake or not — don’t assume it will go away on its own.