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Is it illegal to hide items in a store to wait for them to go on sale? What MS law says

Grocery prices seem to be higher than ever, so buying other items like clothes, electronics or toys may not be in the budget.

If only there was a way to hold your items somewhere else in the store and come back to retrieve them after they’ve gone on sale. Well, it’s an option, especially if stores don’t inventory everything during the holiday season. But here’s the kicker: is that against the law? Here’s what to know.

Is it illegal to hide items in a store and wait to buy them until they go on sale?

If you’re thinking of hiding a few items and coming back later when they are on sale, you could actually be doing something illegal in Mississippi. Here’s why:

“It is a common misbelief among shoplifters that an individual must exit the store with unpurchased merchandise before being civilly liable for statutory civil damages,” said Natt O. Reifler and Marisa C. McIntyre with Loss Prevention Magazine.

A person that hides merchandise in the store to purchase later could be held liable for theft, as concealing items is considered stealing them.

“Many states define shoplifting or retail theft in terms of actions that would cause a person to reasonably believe that the actor intended to permanently deprive the merchant of the goods,” according to Reifler and McIntyre.

Moreover, Mississippi law (MS Code § 97-23-93) states that a person is guilty of shoplifting if they have the “requisite intention to convert merchandise without paying the merchant’s stated price.” This includes when a person “Conceals the unpurchased merchandise.”

So, yes, in this case, hiding or concealing items in a store is illegal.

What are the consequences if caught?

So, if a retailer could prove that your intent was to purposefully hide things, you could be seen as guilty of shoplifting. If convicted, you could be punished with a misdemeanor and fined $1,000 if the amount you concealed was $1,000 or less. A second conviction could mean jail time and a third conviction is a felony, with time topping out around three years.

Not to mention, the retailer could permanently ban you from the premises.

Other than it being against store policy and seen as shoplifting or theft, hiding items in stores and trying to find them later is a hard task and one that probably won’t pay off the way you think it will.

“You could try, but it’s unlikely to still be there when you come back, especially as long as a week. Workers do sweeps of the whole store everyday finding things out of place and putting them back,” said Quora user Jacqueline Kate.

What other questions do you have? Let me know in the comments or email me at cmadden@mcclatchy.com.

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Chelsea Madden
The Telegraph
Chelsea is a service journalism reporter who began working for McClatchy in 2022. She was born and raised in Middle Georgia and lives in Forsyth. She attended Wesleyan College for undergrad and a few years after that, went to SCAD for an MFA in writing. Outside of work, Chelsea likes to watch Netflix, read books in the thriller genre and chase her toddler around.
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