What Are the Shoplifting Laws in Massachusetts?

Shoplifting in Massachusetts is a crime under M.G.L. c. 266, sec. 30A, and when the goods are worth less than $250 a first offense is punished by a fine of up to $250 with no jail time, while goods worth $250 or more can bring up to two and a half years in a house of correction. The same statute covers more than walking out with an item: it also reaches concealing merchandise, switching or removing price tags, moving goods into another container, ringing up a lower price, and taking a shopping cart off the premises. Separately from any criminal case, the store can demand a capped civil payment under c. 231, sec. 85R1/2, and that demand has rules of its own.

If you or a family member has been stopped or charged and want to understand what comes next, call Jim Glaser Law at (617) JIM-WINS. The line is answered 24 hours a day. The first telephone consultation is free. This page is general information about Massachusetts law, not legal advice about your situation.

The Six Things the Statute Makes Shoplifting

Section 30A is longer than most people expect. Each act requires intent, and each is aimed at a “store or other retail mercantile establishment.” A person commits shoplifting who intentionally:

1. Takes or carries away merchandise displayed, held, stored or offered for sale, intending to deprive the merchant of it without paying its value.
2. Conceals merchandise “upon his person or otherwise,” with the same intent. The item does not have to leave the store for this one.
3. Alters, transfers or removes a label or price tag and tries to buy the item for less than its full retail value.
4. Moves merchandise from its container into another container to deprive the merchant of some or all of its value.
5. Records a value lower than the actual retail value, which is the clause most likely to apply when an item is deliberately rung up at a lower price, including at a register the shopper operates.
6. Removes a shopping cart from the premises without the merchant’s consent at the time, intending to permanently deprive the merchant of it. The shopping cart video covers that clause on its own.

The common thread is intent. A person who forgets an item in the bottom of a cart has not done what the statute describes, because each clause requires that the act be intentional and aimed at depriving the merchant. Whether the intent was there is a question of fact in each case.

The Penalties, Tier by Tier

The punishment depends on two things: the retail value of the goods and, below $250, how many times the person has been convicted before.

Retail value and offense	Maximum penalty under c. 266, sec. 30A
Under $250, first offense	Fine of not more than $250
Under $250, second offense	Fine of not less than $100 nor more than $500
Under $250, third or later offense	Fine of not more than $500, jail of not more than 2 years, or both
$250 or more, any offense	Fine of not more than $1,000, house of correction for not more than 2 and one-half years, or both

Two features of that table matter more than they look.

There is no jail on a first or second offense under $250. The statute provides only a fine for those two tiers. Jail enters at the third offense, or at any offense once the value reaches $250.

The value line is $250, measured by retail value. The statute speaks of “the retail value of the goods obtained,” not what the store paid for them or what they would sell for used.

Is Shoplifting a Felony in Massachusetts?

No, not under section 30A. Massachusetts defines the line in one sentence: under M.G.L. c. 274, sec. 1, “A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.” Every tier of section 30A is served, if at all, in a jail or house of correction, never state prison, so every shoplifting conviction under that section is a misdemeanor.

That is not the whole answer, because a theft from a store can sometimes be charged under the general larceny statute instead. Section 30A says that if the retail value is less than $250, it “shall apply to the exclusion of section thirty.” Below $250, then, shoplifting is the only charge for that conduct. At $250 and above, the exclusion does not apply, and larceny under c. 266, sec. 30 becomes possible. Larceny of property worth more than $1,200 carries up to five years in state prison, which makes it a felony.

Question	Shoplifting, c. 266, sec. 30A	Larceny, c. 266, sec. 30
What it covers	Merchandise of a store or retail establishment, and shopping carts	Property of another generally, including money and goods
Under $250	The only charge available; sec. 30 is excluded	Not available for the same conduct
Top penalty	2 and one-half years in a house of correction, fine up to $1,000	Over $1,200: up to 5 years in state prison; $1,200 or less: up to 1 year in jail or a fine up to $1,500
Felony or misdemeanor	Misdemeanor at every tier	Felony when the value exceeds $1,200

Answer Capsule

Shoplifting in Massachusetts is governed by M.G.L. c. 266, sec. 30A, which covers taking or concealing merchandise, changing or removing price tags, switching containers, recording a lower price, and removing a shopping cart, each done intentionally. Under $250 in retail value, a first offense carries a fine of up to $250, a second a fine of $100 to $500, and a third or later a fine up to $500, up to two years in jail, or both. At $250 or more, the penalty is a fine up to $1,000, up to two and a half years in a house of correction, or both. Because no tier allows state prison, shoplifting under section 30A is a misdemeanor under c. 274, sec. 1, although at $250 and above the general larceny statute, c. 266, sec. 30, can also apply, and larceny over $1,200 is a felony. Separately, the store can claim a civil penalty capped by c. 231, sec. 85R1/2 at $50, $250 or $500 depending on value, plus actual damages.

Being Stopped in the Store

Most shoplifting cases begin with a stop by store staff, not by the police, and two statutes shape what happens next.

The store’s right to hold someone. Under M.G.L. c. 231, sec. 94B, a merchant or its agent who detains a person “for questioning on or in the immediate vicinity of the premises” has a defense to a later false arrest or false imprisonment claim, but only if three conditions hold: the person was detained “in a reasonable manner,” “for not more than a reasonable length of time,” and there were “reasonable grounds to believe” the person was committing or attempting shoplifting or larceny of goods for sale. A stop that fails one of those conditions loses the protection.

The police can arrest without a warrant. Section 30A allows a law enforcement officer to arrest without a warrant anyone the officer has probable cause to believe committed shoplifting, and it adds that “the statement of a merchant or his employee or agent that a person has violated a provision of this section shall constitute probable cause for arrest.” In plain terms, the word of the store’s loss prevention employee is enough, by statute, for an officer to make the arrest.

Many stops end with no arrest at all. The store may take a statement, ban the person from the premises, and leave the criminal side to a later application for a complaint, often followed by a civil demand letter in the mail.

The Civil Demand Letter

Weeks after an incident, many people receive a letter from a store, or from a law firm or collection agency on its behalf, asking for money. That letter is a civil claim, not a criminal fine, and Massachusetts caps it. Under M.G.L. c. 231, sec. 85R1/2, a person who commits or attempts larceny of goods for sale on a merchant’s premises is liable to the merchant in tort, and the damages are:

• not more than $50, plus actual damages, if the value of the property is less than $50;
• not more than $250, plus actual damages, if the value is more than $50 but less than $250;
• not more than $500, plus actual damages, if the value is more than $250.

The same section adds three protections that people rarely hear about. First, any letter asserting such a claim “shall identify in detail all of the pertinent information on which the merchant bases its claim.” Second, “any person who solicits payment that exceeds the limitations provided by this section shall be subject to a fine of not more than $500.” Third, the merchant’s action is brought under the small claims procedure in sections 21 to 25 of chapter 218, the informal District Court procedure for claims of up to $7,000 under c. 218, sec. 21.

A civil demand and a criminal case run on separate tracks. Paying the demand does not by itself end a criminal case, and nothing in section 85R1/2 says that it does. Not paying is not a crime. The merchant’s remedy for an unpaid demand is to sue in small claims.

What Happens After a Shoplifting Charge

When the police do not arrest on the spot, the case usually starts with an application for a criminal complaint in the District Court. From there, the stages run roughly in this order:

1. The application for a complaint. The store or the police apply to the clerk of the District Court for a complaint charging the offense.
2. The show cause hearing. Under M.G.L. c. 218, sec. 35A, a person who is not under arrest and is named in a complaint for a misdemeanor “shall” be given an opportunity to be heard, personally or by counsel, before process issues, unless there is an imminent threat of bodily injury, of another crime, or of flight. The clerk or judge may issue process unless “there is no probable cause.” This hearing is the first point at which a complaint can be stopped.
3. Arraignment. If the complaint issues, the person is arraigned in the District Court and enters a plea.
4. A pretrial disposition. Several outcomes are available before or instead of trial, each described below: pretrial probation, treating the case as a civil infraction, a continuance without a finding, or a dismissal.
5. Trial or plea. If the case is not resolved earlier, it is tried or resolved by a plea.
6. The record afterward. Depending on the outcome, the record can be sealed immediately, sealed by the court, or sealed by petition after a waiting period.

The pretrial outcomes the statutes allow

Pretrial probation. Under c. 276, sec. 87, the District Court may place a person charged with an offense on probation, “with the defendant’s consent, before trial and before a plea of guilty,” for such time and on such conditions as the court thinks proper.

Treating the case as a civil infraction. Under c. 277, sec. 70C, the court may treat a misdemeanor as a civil infraction, on motion of either side at arraignment or pretrial conference or on its own motion, “unless the commonwealth objects, in writing, stating the reasons.” Shoplifting under section 30A is not on that section’s list of excluded offenses. A person found responsible for a civil infraction “shall not be sentenced to any term of incarceration,” the court may impose a fine of not more than $5,000 where the offense sets no civil fine, and may order restitution. Most important for a shoplifting charge, an adjudication of responsibility “shall neither be used in the calculation of second and subsequent offenses under any chapter.” Because the section 30A penalties rise with each offense below $250, that sentence has real weight.

A continuance without a finding. Under c. 278, sec. 18, a defendant in the District Court may tender a plea with a request that “a guilty finding not be entered, but rather the case be continued without a finding to a specific date thereupon to be dismissed,” on conditions the court sets. If the court will not accept the requested disposition, the defendant may withdraw the plea.

Outcome	Statute	Guilty finding entered?	What the text says about later effect
Pretrial probation	c. 276, sec. 87	No, it comes before trial and plea	Requires the defendant’s consent
Civil infraction	c. 277, sec. 70C	No; the finding is “responsible”	Not counted for second and subsequent offenses; no incarceration
Continuance without a finding	c. 278, sec. 18	No, if the conditions are met the case is dismissed	Dismissed on the set date
Conviction	c. 266, sec. 30A	Yes	Counts toward the offense tiers below $250

Sealing a Shoplifting Record

A shoplifting case leaves a court record even when it ends well, and Massachusetts provides three routes to seal it.

• Not guilty, no bill or no probable cause. Under c. 276, sec. 100C, the commissioner of probation “shall seal” the record when a person is found not guilty, a grand jury returns no bill, or the court finds no probable cause, unless the person asks in writing that it not be sealed.
• Dismissal or nolle prosequi. Under the same section, where a case was dismissed or the Commonwealth entered a nolle prosequi, and “it appears to the court that substantial justice would best be served,” the court “shall direct the clerk to seal the records.”
• A conviction, after waiting. Under c. 276, sec. 100A, a person may ask the commissioner of probation to seal a misdemeanor record once at least 3 years have passed since the court appearance, disposition and any custody, provided the person has not been found guilty of a criminal offense within that period, apart from motor vehicle offenses with a fine of $50 or less.

A sealed record matters for jobs and housing. Section 100C requires that an application screening for employment, housing or a professional license tell applicants that a person with a sealed record “may answer ‘no record’” to questions about prior arrests or court appearances.

Common Misunderstandings

• “I put it back, so it cannot be shoplifting.” Concealment is its own clause in section 30A. Putting an item back may bear on intent, but the statute does not require that the item leave the store.
• “The store’s letter is a fine I have to pay.” It is a civil claim, capped by c. 231, sec. 85R1/2, and the letter must identify in detail the information the claim is based on.
• “A first offense means jail.” Under $250, a first offense carries a fine of up to $250 and no jail in the text of the statute.
• “Shoplifting is always a misdemeanor, so the charge cannot get worse.” Below $250 that is right, because section 30 is excluded. At $250 and above, a larceny charge under section 30 is possible, and over $1,200 it is a felony.

Key terms

• Retail value: the price the store offers the goods for, which is the measure section 30A uses to set the $250 line.
• Civil demand: a store’s claim for money from a person it says shoplifted, capped by M.G.L. c. 231, sec. 85R1/2 and separate from any criminal case.
• Show cause hearing: the hearing under c. 218, sec. 35A where a person named in a misdemeanor complaint can oppose it before the court issues process.
• Civil infraction: a misdemeanor the court treats as non-criminal under c. 277, sec. 70C, with a finding of “responsible,” no jail, and no count toward later offenses.
• Continuance without a finding: a disposition under c. 278, sec. 18 in which no guilty finding is entered and the case is dismissed on a set date if conditions are met.
• Sealing: an order under c. 276, secs. 100A or 100C that lets the record be reported as “no record” to most outside inquiries.

Frequently Asked Questions

Q: What is the penalty for shoplifting in Massachusetts?

A: Under M.G.L. c. 266, sec. 30A, it depends on value and prior offenses. Under $250, a first offense carries a fine of up to $250, a second a fine of $100 to $500, and a third or later a fine up to $500, up to two years in jail, or both. At $250 or more, the penalty is a fine up to $1,000, up to two and a half years in a house of correction, or both.

Q: Is shoplifting a felony in Massachusetts?

A: Not under section 30A. No tier of that section allows state prison, so under c. 274, sec. 1 it is a misdemeanor. At $250 or more, though, the conduct can also be charged as larceny under c. 266, sec. 30, and larceny of property worth more than $1,200 is a felony.

Q: Can you go to jail for a first shoplifting offense in Massachusetts?

A: Not if the goods were worth less than $250; the statute provides only a fine of up to $250 for a first offense at that value. If the goods were worth $250 or more, the statute allows up to two and a half years in a house of correction even on a first offense.

Q: Do I have to pay the civil demand letter a store sent me?

A: The letter is a civil claim, not a criminal fine. Under c. 231, sec. 85R1/2 it is capped at $50, $250 or $500 depending on the value of the goods, plus actual damages, and the letter must identify in detail what the claim is based on. Asking for more than the cap carries a fine of up to $500. The store’s remedy for nonpayment is a small claims action.

Q: Can a store hold me until the police arrive?

A: Under c. 231, sec. 94B, a store that detains someone in a reasonable manner, for a reasonable time, with reasonable grounds to believe the person was shoplifting, has a defense to a later false arrest or false imprisonment claim. A detention that is unreasonable in manner or length loses that defense.

Q: Will a shoplifting charge stay on my record?

A: It depends on the outcome. A not guilty finding or a finding of no probable cause is sealed under c. 276, sec. 100C unless the person asks otherwise; a dismissal can be sealed by the court where substantial justice would be served; and a misdemeanor conviction can be sealed by petition under sec. 100A after 3 years without a new conviction.

Q: Can a shoplifting charge be treated as a civil infraction?

A: Yes, the statute allows it. Under c. 277, sec. 70C, the court may treat a misdemeanor as a civil infraction unless the Commonwealth objects in writing, and shoplifting is not on the list of excluded offenses. A finding of responsibility carries no jail and is not counted as a prior offense.

Q: Is Jimmy Knows AI giving me legal advice?

A: No. This page is general information about Massachusetts shoplifting law for educational purposes. It is not legal advice for your situation and does not create an attorney-client relationship. For advice about a specific charge or letter, speak with a Massachusetts lawyer.

Talking to a Lawyer

Jim Glaser Law evaluates Massachusetts criminal matters on the intake call: the attorney listens to the facts and either handles the matter or connects the caller with a Massachusetts criminal-defense partner attorney at no extra cost. A show cause hearing is often the earliest point at which a complaint can be opposed, so the timing of that call can matter.

Call (617) JIM-WINS. The line is answered 24 hours a day. The first telephone consultation is free.