Shoplifting in Arizona: ARS 13-1805

Posted on January 23, 2026 in Assault & Violent Crimes

Shoplifting is a common theft crime in Arizona. Under Arizona law, depending on the circumstances of the crime, a conviction for shoplifting can be either a misdemeanor or a felony offense. In either case, you could face incarceration, fines, restitution, and other legal and social consequences.

If you are facing a shoplifting charge in Arizona, AZ Defenders can help. We represent individuals in Arizona accused of all kinds of theft crimes, including shoplifting. To speak with one of our experienced criminal defense lawyers, call us at (480) 456-6400 or contact us online at any time, any day of the year.

In this blog post, we define the crime of shoplifting under Arizona law, describe the potential penalties for a shoplifting conviction, and discuss some possible defense strategies that your defense attorney may be able to employ on your behalf.

How Does Arizona Law Define Shoplifting?

Arizona Revised Statutes (ARS) Section 13-1805 is Arizona’s shoplifting statute that makes shoplifting a crime. The statute lays out the following elements of the offense:

You must be in an establishment that has goods on display for sale, like a retail store.
You must knowingly obtain the goods of another, with the intent to deprive that person of those goods, by doing one of the following acts:
1. Removing any goods from a display, or from any other place within that establishment, without paying the purchase price; or
2. Paying less than the purchase price of the goods by using a trick or artifice like altering, removing, substituting, or otherwise disfiguring any label, price tag, or marking; or
3. Transferring the goods from one container to another; or
4. Concealing the goods.

Under the statute, you presumably have a “knowing” state of mind if you conceal unpurchased merchandise on your person while you are in the establishment, or if you use an artifice, instrument, container, device, or other article to facilitate the shoplifting.

Shoplifting is a specific intent-based crime. This means that a shoplifting charge does not require you to have left the store with the stolen items, as long as you engage in one of the behaviors noted above, “knowingly”.

Apprehension for Suspicion of Shoplifting

ARS 13-1805 allows a merchant, or employees or agents of the merchant, to detain you on the store premises. This authorization is subject to conditions:

The merchant or person acting on the merchant’s behalf must have reasonable cause to believe that you have committed an act of shoplifting.
The detention must be in a reasonable manner and for a reasonable time to allow for calling a law enforcement officer to the scene to investigate.

Criminal Penalties for a Shoplifting Conviction

The legal penalty for a shoplifting conviction depends on factors including the value of the stolen property, plus additional specific circumstances that we identify below in increasing order of the charge’s severity.

Class 1 Misdemeanor Shoplifting

If property other than a firearm with a value of less than $1000 is stolen, shoplifting is a Class 1 misdemeanor.

Class 6 Felony Shoplifting

If property with a value of $1000 or more but less than $2000 is stolen, shoplifting is a Class 6 felony.
If a firearm is shoplifted, this is also a Class 6 felony regardless of its value.

Class 5 Felony Offenses

The following kinds of shoplifting are Class 5 felonies in Arizona:

If property with a value of more than $1,999.99 is stolen
Shoplifting property to promote, further, or assist any criminal street gang or criminal syndicate
Shoplifting property during any continuing criminal episode. A continuing criminal episode means theft of property with a total value of $1500 or more, if the shoplifting occurs in at least three instances within 90 consecutive days.

Class 4 Felony Shoplifting

Shoplifting can be a Class 4 felony when:

You use an artifice, instrument, container, device, or other article with the intent to facilitate shoplifting; and/or,
You commit shoplifting and have been previously committed or convicted within the past five years of two or more offenses involving burglary, shoplifting, robbery, organized retail theft, or theft.

Penalties for Misdemeanor Shoplifting

Class 1 misdemeanor shoplifting carries the following potential penalties:

Up to $2,500 in fines
Up to 6 months in jail

Penalties for Felony Shoplifting

Depending on the class of felony conviction, the legal consequences can be as follows.

Class 6 Felony Conviction

First-time offender: 3 months to 2 years in prison
With one “historical prior felony conviction”: 9 months to 2.75 years in prison
With two or more “historical prior felony convictions”: 2.25 to 5.75 years in prison

Class 5 Felony Conviction

First-time offender: 6 months to 2.5 years in prison
With one “historical prior felony conviction”: 1 to 3.75 years in prison
With two or more “historical prior felony convictions”: 3 to 7.5 years in prison

Class 4 Felony Conviction

First-time offender: 1 to 3.75 years in prison
With one “historical prior felony conviction”: 2.25 to 7.5 years in prison
With two or more “historical prior felony convictions”: 6 to 15 years in prison

The sentencing ranges above can vary based on aggravating or mitigating factors.

Felony convictions of any class can also carry a fine of up to $150,000 for each conviction.

Additional Consequences of a Misdemeanor or Felony Conviction in Arizona

For a misdemeanor or felony conviction, you can also be subject to paying restitution. The court may also impose probation, which includes specific conditions and requirements that must be met.

Some specific consequences you may face after a felony shoplifting conviction include:

You may not vote, serve on a jury, obtain a commercial driver’s license, possess a gun, or join the U.S. armed forces.
Even if your right to carry a weapon is restored, you will be permanently banned from receiving a concealed weapon permit.

Defenses to Shoplifting

Some possible defenses to a shoplifting charge exist, depending on the specific facts surrounding the alleged incident.

The main defense is to cast reasonable doubt on whether you had the necessary culpable mental state: knowingly depriving the store of goods or the presumptive knowledge to support a shoplifting charge to the degree “beyond a reasonable doubt.”

People can, and do, make mistakes in stores. For example, let’s say you go through a self-checkout point of sale and legitimately forget to scan an item, but you paid for everything else. Especially if you have no prior history of charges for theft or shoplifting, this is arguably a mistake, not a knowing act to deprive the store of property.

Additional defenses may include: proving a lack of reasonable cause for detention at the store, an officer’s failure to administer Miranda rights in custody, or the inadmissibility of evidence against you.

Have You Been Charged With Shoplifting in Arizona?

If you are charged with shoplifting, you face serious consequences and the potential for life-altering punishment, including a criminal record. You need an experienced criminal defense attorney to help guide you, defend you, and assist you in obtaining the best possible result in your shoplifting case.

Call AZ Defenders today at (480) 456-6400 or contact us online for a free consultation, so we can start helping you with your shoplifting case today.