Can I Be Charged With Shoplifting If I Wasn't Stopped While I Was in the Store?

 Posted on September 30, 2026 in Criminal Defense

If you left a store without being stopped by an employee, you might wonder if that store can legally charge you for theft later. Stores have the right to turn evidence of a theft over to law enforcement even after a suspect has left the premises. This can result in charges well after the actual theft or supposed theft happened.

If you've been contacted about a shoplifting incident in 2026, a Jefferson City, TN theft defense lawyer can explain what your options are.

Why Can Police Charge You With Shoplifting After You've Left a Store in Tennessee?

Tennessee charges shoplifting as theft of property under Tennessee Code Annotated Section 39-14-146. Under this law, shoplifting requires an intent to deprive the merchant of the stated price of the merchandise.

Theft in Tennessee includes knowingly concealing merchandise, removing it, switching price tags, or moving items into another container to avoid paying. The law does not require a store employee to stop someone before they leave the store.

When a store suspects a theft has happened, it may report it to police. Police can investigate the report, and a criminal case can begin later, including through the issuance of a warrant.

What Evidence Can a Store Use If You Weren't Actively Stopped for Shoplifting?

A store can use several types of evidence to identify a suspected shoplifter. Evidence of shoplifting can include:

• Security video from inside the store and the parking lot

• Self-checkout and register records showing what was scanned

• Card or rewards account records that link you to a visit

• Inventory counts showing a missing item

• Statements from employees who saw something

Shoplifting involving merchandise worth $1,000 or less is generally a Class A misdemeanor. If the value is more than $1,000, the charge can be a felony. Greater amounts, or multiple items that add up to more than $1,000, can be charged as a felony. For college students, including those at the University of Tennessee, an alleged theft can also lead to a separate student conduct process. UT's student code prohibits theft, and its conduct office can receive reports from law enforcement.

Part of what prosecution must prove is that you intended to deprive the store of the stated price of the merchandise. If an item was taken or left unpaid by accident, that can undercut the intent element of the charge. 

How Long Does Tennessee Have to Charge You With Shoplifting?

The deadline depends on whether the theft is charged as a misdemeanor or a felony. Prosecution for a misdemeanor has to begin within 12 months after the offense (Tennessee Code Annotated Section 40-2-102). A misdemeanor prosecution generally must begin within 12 months after the offense. Under Tennessee law, issuing a warrant is one way a prosecution can be started within that deadline.

Theft of more than $1,000 but less than $2,500 is a Class E felony, which has a two-year limit. Theft of $2,500 or more but less than $60,000 is a Class D or C felony, with a four-year limit. A fifth or later shoplifting conviction within a two-year period is punished one classification higher.

What Should You Do If Tennessee Police Contact You About a Shoplifting Incident?

If you're contacted by law enforcement, know that you can decline to answer questions and ask to speak with a lawyer. What you say could later be used as evidence in the case. It's often best to avoid saying anything until you can talk to a defense attorney. Even returning to pay for the item or apologize could be treated as an admission.

Keep any evidence that supports your account of what happened, such as bank statements or records of where you were on the day in question. Keep the contact information of people who can vouch for your actions or location as well.

Some people charged with shoplifting may qualify for judicial diversion. If they successfully complete the required probation, the case can be dismissed and the record can be expunged. Eligibility depends on the person and the charge. Your lawyer can advise you on whether this is available to you.

Call a Dandridge, TN Shoplifting Defense Lawyer Today

In a shoplifting case, prosecutors must prove the required intent, not simply that an item left the store unpaid. The facts and evidence in each case matter.

Our Jefferson City, TN theft defense attorney has more than a decade of legal experience and has been recognized as a Top 40 Under 40 attorney. He has first-hand experience defending people facing theft and other criminal charges.

Our firm offers free consultations. Call The Baker Law Firm at 865-200-4117 to talk about your case today.