Court to Consider Whether Shoplifting from Walmart Can be Considered Burglary - Articles

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Posted by: Jarod Word on May 28, 2019

The Tennessee Supreme Court will consider whether shoplifting from Walmart stores more than once can be considered felony burglary instead of a shoplifting misdemeanor, the Knoxville News Sentinel reports. This comes after a policy instituted by Knox County District Attorney General Charme Allen in 2016, which seeks to curb multiple offenses and was adopted by several other counties in the state. The Court of Criminal Appeals recently ruled that Allen’s policy is sound, further stating that once a shoplifter has been banned from the store in writing, consent of public patronage has been revoked. Criminals Appeals Judge Camille R. McMullen wrote a dissension saying: “Unlike an individual who owns a building closed to the public, a retail store such as Walmart does not have its privacy invaded and is not terrorized or personally violated when a banned individual commits the offense of shoplifting or theft within one of its stores … by charging individuals in this way, prosecutors are creating an enhanced penalty for shoplifters and petty thieves. The court has not yet set a hearing date.