14.4 RETAIL THEFT

To prove the crime of Retail Theft, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant)

Give one or more as applicable.

a. took possession of or carried away [merchandise] [property] [money] [negotiable documents] from a merchant.

b. altered or removed a [label] [universal product code] [price tag] from merchandise.

c. transferred merchandise from one container to another.

d. removed a shopping cart from a merchant.

2. (Defendant) did so with the intent to deprive the merchant of possession, use, benefit, or full retail value of the [merchandise] [property] [money] [negotiable documents] [shopping cart].

3. (Defendant) [, acting individually or in concert with one or more other persons,] did so from more than one location within a 120-day period, and the total value of the [merchandise] [property] [money] [negotiable documents] [shopping cart] when added together was $750 or more.

Give if applicable. Firearm. § 812.015(11), Fla. Stat. Retail Theft is bumped up to first degree felony if the defendant possessed a firearm during the commission of the crime.

You must also determine whether the State prove beyond a reasonable doubt that the defendant possessed a firearm during the commission of the Retail Theft.

Prior conviction. It is error to inform the jury of a prior Retail Theft conviction. If the charging document contains an allegation of Retail Theft convictions, do not read that allegation, and do not send the charging document into the jury room. If the defendant is found guilty of Retail Theft, the historical fact of previous convictions must be determined beyond a reasonable doubt in a bifurcated proceeding. State v. Harbaugh, 754 So. 2d 691 (Fla. 2000). As of November 2024, it was undetermined whether a conviction requires an adjudication of guilt for purposes of the Retail Theft statute.

Now that you have found the defendant guilty of Retail Theft, you must further determine whether the State has proven beyond a reasonable doubt that the defendant was previously convicted two or more times of Retail Theft under either § 812.015(8), Florida Statutes, or § 812.015(9), Florida Statutes.