Retail stores are extremely common in the State of New York, and even more so within New York City. Local law enforcement has a keen interest in protecting the merchandise of retail stores because shoplifting is a common offense; retail stores often employee security measures such as security markers and attachments.

To get around these security measures, shoplifters have created and security items to disable these security measures. There are some instances where you may find yourself facing charges of criminal possession of an anti-security item, such as:

• A store security guard catches you with an anti-security item in your backpack that was placed there by a friend.
• You possess an item that is capable of removing a security device, even though that is not it’s the primary purpose
• A security guard believes they saw you put a shirt into your backpack on a security camera.

Statutes Governing Criminal Possession of an Anti-Security Item in New York 

Article 170 of the New York Penal Law is titled “forgery and related offenses.” Among these related offenses is an offense titled “criminal possession of an anti-security item.

Under NY PL § 170.47, criminal possession of an anti-security item is a class B misdemeanor. Before diving into the crime itself, it is important to define one particular term, “retail mercantile establishment.”

What is a  “Retail Mercantile Establishment?”

According to the language of the statute, we must refer to the New York Consolidated Laws, General Business Law of New York. The statute directs us to article twelve-B to find the definition of a retail mercantile establishment.

Under GBS § 217, a “retail mercantile establishment” is defined as a place where merchandise, wares, or goods are available to the public for purchase. With this definition in mind, let’s dive into the heart of the criminal possession of an anti-security item statute.

Elements 

In order to be convicted of criminal possession of an anti-security item under the New York Penal Law, the prosecutor must prove all of the following elements:

Element#1: You have the intent to steal property

• To satisfy this element of the offense, you must have the intent to steal property. Without this intent, this element of the offense will not be satisfied, and the crime cannot be proven. It will be hard to overcome the presumption that you had the intent to steal property just by the fact that you possessed the device inside of the retail mercantile establishment.
• For example, if you are caught inside of Macy’s with an anti-security item in your backpack, you have likely satisfied this element, even if you had not yet used it to remove security features from any merchandise.

Element#2: At a retail mercantile establishment

• To fulfill this element of the crime, you must possess the anti-security device inside of a retail mercantile establishment as defined at GBS § 217. Your presence in an establishment that does not fit this definition would cause this element to fail.
• For example, if you possessed the anti-security device in a learning annex at the public library, you may not have satisfied this element of the offense

Element#3: And you knowingly possess

• In order to satisfy this element of the crime, you must be in knowing possession of the anti-security item in the designated place. If you do not knowingly possess the anti-security item, you have not satisfied this element of the offense.
• For example, if you and some friends are at the mall together, and a friend asks if he can put his wallet in your backpack because he doesn’t have any pockets and he slips an anti-security item in your bag as well, you may be able to argue that you were not knowingly in possession of the item and that the element should fail.

Element#4: Any item that is designed for the purpose of avoiding detection of security attachments or markings placed on merchandise offered for purchase at the said retail mercantile establishment.

• In order to satisfy this element of the offense, the item in your possession must be the type intended to aide in avoiding the detection of security attachments or markings available for purchase in the retail establishment. You may be able to argue that the anti-security item you possess would not disable the type of security attachments present in the store you are located in.
• For example, if you owned an anti-security item that disables the electronic theft sensor in video game disc packaging, but were located in a store that only sold footwear, and the anti-security item was incapable of disabling the security devices on the footwear, you could argue that this element was not satisfied.

Federal Statutes Governing Criminal Possession of an Anti-Security Item 

Criminal possession of an anti-security item is an issue that is handled on the state level. 

Offenses Related to Criminal Possession of an Anti-Security Item 

The most closely related offenses to criminal possession of an anti-security item are larceny. Article 155 of the New York Penal Law describes the crimes of larceny. Under New York law, larceny is divided into two main categories, petit larceny and grand larceny, which can be committed in the fourth, third, second, or first degree.

Before diving into the various types of larceny, let’s define larceny for purposes of this article. According to NY PL § 155.05, you commit the crime of larceny when you wrongfully withhold, obtain, or take the property of another with the intent to deprive them of the property by taking it for yourself or for a third party. Larceny under New York law can roughly be divided into two crimes, grand larceny, and petit larceny.

Grand Larceny and Petit Larceny defined

Generally speaking, grand larceny applies in situations where the value of the stolen item(s) is over one thousand dollars ($1,000). According to NY PL § 155.20, the value of the stolen property is the market value of the property stolen at the time of the offense. If the market value cannot be determined, the cost of a replacement at a reasonable time after the crime will be substituted.

Under NY PL § 155.25, petit larceny is simply defined as the stealing of property. Petit larceny occurs when you steal property with a value of less than one thousand dollars ($1,000). Under New York law petit larceny is a class A misdemeanor.

Grand Larceny in the fourth degree

Grand larceny is divided into four (4) degrees, based upon the value of the items or other circumstances of the offense. Grand larceny in the fourth degree is codified at NY PL § 155.30. Under New York law, grand larceny in the fourth degree is a class E felony. Under this statute, you commit grand larceny in the fourth degree when:

• The value of the stolen property is greater than one thousand (1,000) dollars;
• The stolen property is a public record;
• The stolen property contains secret scientific material;
• The stolen property is a debit or credit card;
• The stolen property is taken from the person of another.
• Pickpocketing
• The stolen property is obtained through extortion;
• The stolen property consists of shotguns, rifles, or other firearms;
• The value of the stolen property is greater than one hundred (100) dollars, and is a motor vehicle, other than a motorcycle;
• The stolen property is a religious item is used or kept in connection with religious worship from a religious worshipping property, and it has a value greater than one hundred (100) dollars;
• The stolen property contains an access device used to obtain unlawful service for a telephone; or
• The stolen property is ammonia, intended to be used to manufacture methamphetamine.

Grand Larceny in the third degree 

Grand larceny in the third degree is codified at NY PL § 155.35. Under New York law, grand larceny in the third degree is a class D felony. Under this statute, you commit grand larceny in the third degree when:

• You steal property and:

• The value of the stolen property is greater than three thousand (3,000) dollars; or
• The stolen property is an automated teller machine (ATM) or the contents of an ATM.

Grand Larceny in the second degree

Grand larceny in the second degree is codified at NY PL § 155.40. Under New York law, grand larceny in the second degree is a class C felony. Under this statute, you commit grand larceny in the second degree when:

• You steal property and:

• The value of the property is greater than fifty thousand (50,000) dollars; or
• The stolen property is obtained through extortion committed by instilling fear in the victim that:
• The perpetrator will cause physical injury to a person at a future time;
• The perpetrator will cause damage to property; or
• The perpetrator will abuse their position as a public servant to adversely affect the victim.

Grand larceny in the first degree 

Grand larceny in the first degree is codified at NY PL § 155.42. Under New York law, grand larceny in the first degree is a class B felony. Under this statute, you commit grand larceny in the first degree under when:

• You steal property with a value greater than one million (1,000,000) dollars.

Criminal possession of stolen property 

It is also possible that in addition to a charge of grand or petit larceny, you may also be charged with criminal possession of stolen property. Criminal possession of the stolen property is committed in either the fifth, fourth, third, second, or first degree.

Criminal possession of stolen property in the fifth degree is codified at NY PL § 165.40. Under New York law, criminal possession of stolen property in the fifth degree is a class A misdemeanor. Under this statute, you commit criminal possession of stolen property in the fifth degree when:

• You steal property with the intent to benefit yourself or a third party or prevent the owner from recovering possession.

Criminal possession of stolen property in the fourth degree

Criminal possession of stolen property in the fourth degree is codified at NY PL § 165.45. Under New York law, criminal possession of stolen property in the fourth degree is a class E felony. Under this statute, you commit criminal possession of stolen property in the fourth degree when:

• You steal property with the intent to benefit yourself or a third party, or prevent the owner from recovering possession; and

• The value of the stolen property is greater than one thousand (1,000) dollars;
• The stolen property is a debit or credit card;
• You are a collateral loan broker or are in the business of dealing property;
• The stolen property consists of shotguns, rifles, or other firearms;
• The value of the stolen property is greater than one hundred (100) dollars, and is a motor vehicle, other than a motorcycle;
• The stolen property is a religious item is used or kept in connection with religious worship from a religious worshipping property, and it has a value greater than one hundred (100) dollars;
• The stolen property is ammonia, intended to be used to manufacture methamphetamine.

Criminal possession of stolen property in the third degree

Criminal possession of stolen property in the third degree is codified at NY PL § 165.50. Under New York law, criminal possession of stolen property in the third degree is a class D felony. Under this statute, you commit criminal possession of stolen property in the third degree when:

• You steal property with the intent to benefit yourself or a third party, or prevent the owner from recovering possession; and

• The value of the stolen property is greater than three thousand (3,000) dollars.

Criminal possession of stolen property in the second degree

Criminal possession of stolen property in the second degree is codified at NY PL § 165.52. Under New York law, criminal possession of stolen property in the second degree is a class C felony. Under this statute, you commit criminal possession of stolen property in the second degree when:

• You steal property with the intent to benefit yourself or a third party, or prevent the owner from recovering possession; and

• The value of the stolen property is greater than fifty thousand (50,000) dollars.

Criminal possession of stolen property in the first degree

Criminal possession of stolen property in the first degree is codified at NY PL § 165.54. Under New York law, criminal possession of stolen property in the first degree is a class B felony. Under this statute, you commit criminal possession of stolen property in the first degree when:

• You steal property with the intent to benefit yourself or a third party, or prevent the owner from recovering possession; and
• The value of the stolen property is greater than one million (1,000,000) dollars.

If you use an anti-security item in an attempt to steal merchandise from a store you may be charged with criminal possession of an anti-security item, larceny, and criminal possession of stolen property. Whether you will be charged with petit larceny, grand larceny in the fourth degree, grand larceny in the third degree, grand larceny in the second degree, or grand larceny in the first degree, will depend on the particular circumstances surrounding your charge.

The same is true of what degree of criminal possession of stolen property you will be charged with. The combination of charges can leave you facing serious fines and extensive jail time. With this in mind, it is essential that you get an experienced legal professional working on your behalf.

Agencies Tasked with Investigating the Criminal Possession of an Anti-Security Item 

Criminal possession of an anti-security item is a common crime that often accompanies instances of shoplifting. With countless retail mercantile establishments in New York and an exceptionally high concentration of them within the five boroughs, criminal possession of an anti-security item is a strongly enforced law.

It is common for retail mercantile establishments to employ security guards explicitly tasked with identifying, monitoring, and detaining suspected shoplifters. These security guards can either be uniformed or plain clothed. A store security guard may detain you under reasonable suspicion of shoplifting.

What are the capabilities of a security guard? 

These security guards may detain you in a back-office an attempt to get you to confess to shoplifting. The store security guards may give you false assurances, such as telling you the crime was captured on closed-circuit surveillance video or that signing a confession will prevent you from being prosecuted. You should not sign any confession and should contact a lawyer immediately, who may speak on your behalf.

The security guards may also call the police and report the suspected shoplifting to them. This may also lead to you being placed under arrest by the responding police department. You may also be given a Desk Appearance Ticket (DAT), which will require you to make a subsequent court appearance. If you fail to appear, the judge will issue a warrant for your address.

At the time of your DAT hearing, you will be formally charged with either grand or petit larceny. With so many potential consequences stemming from shoplifting, you need an expert litigator working for you

Statutory Penalties for Criminal Possession of an Anti-Security Item

The criminal possession of an anti-security item is a class B misdemeanor under the New York Penal Code. The punishment for a class B misdemeanor under New York law is a term of imprisonment not to exceed three (3) months or a period of probation not to exceed one (1) year. In addition, you may also be fined up to $1,000 or twice the amount of your financial gain from the crime.

The crime of petit larceny is a class A misdemeanor under the New York Penal Code. The punishment for a class A misdemeanor under New York law is a term of imprisonment not to exceed one (1) year or a period of probation not to exceed three (3) year. In addition, you may also be fined up to $1,000 or twice the amount of your financial gain from the crime.

Statutory Penalties for the crime of  Grand Larceny 

• The crime of grand larceny in the fourth degree is a class E felony under the New York Penal Code. The punishment for a Class E felony under New York law is a term of imprisonment not to exceed four (4) years or probation, and a fine.
• The crime of grand larceny in the third degree is a class D felony under the New York Penal Code.  The punishment for a class D felony under New York law is a term of imprisonment not to exceed seven (7) years or probation, and a fine.
• The crime of grand larceny in the second degree is a class C felony under the New York Penal Code. The punishment for a class C felony under New York law is a term of imprisonment not to exceed fifteen (15) years and a fine.
• The crime of grand larceny in the first degree is a class B felony under the New York Penal Code. The punishment for a class B felony under New York law is a term of imprisonment not to exceed twenty-five (25) years and a fine.

Statutory Penalties for Criminal Possession of Stolen Property 

• Criminal possession of stolen property in the fifth degree is a class A misdemeanor under the New York Penal Code. The punishment for a class A misdemeanor under New York law is a term of imprisonment not to exceed one (1) year or a period of probation not to exceed three (3) years. In addition, you may also be fined up to $1,000 or twice the amount of your financial gain from the crime.
• The crime of grand larceny in the fourth degree is a class E felony under the New York Penal Code. The punishment for a Class E felony under New York law is a term of imprisonment not to exceed four (4) years or probation, and a fine.
• The crime of grand larceny in the third degree is a class D felony under the New York Penal Code. The punishment for a class D felony under New York law is a term of imprisonment not to exceed seven (7) years or probation, and a fine.

The crime of grand larceny in the second degree is a class C felony under the New York Penal Code. The punishment for a class C felony under New York law is a term of imprisonment not to exceed fifteen (15) years and a fine. The crime of grand larceny in the first degree is a class B felony under the New York Penal Code The punishment for a class B felony under New York law is a term of imprisonment not to exceed twenty-five (25) years and a fine.

Additional Consequences of Being Convicted of Criminal Possession of an Anti-Security Item

In addition to the statutory penalties for criminal possession of an anti-security item, there can be consequences you may not have considered. First of all, you are likely to be banned from the retail mercantile establishment. If it is a retail chain, you are likely to be banned from all locations.

You may face civil charges in addition to criminal charges. Under N.Y. GOB. LAW § 11-105, a retailer can sue the shoplifter for up to five times the value of the stolen items. This conviction could also impact your ability to obtain employment and/or a professional license. It is also possible; depending on the value of the items you steal, for you to face felony charges.

Being a convicted felon carries a series of its own consequences; such a being banned from federal programs, such as housing and student loans. With so many negative outcomes possible for you, don’t you owe it to yourself to obtain the best legal counsel possible? 

Legal Defenses to Criminal Possession of an Anti-Security Item 

There are some defenses that may be available to you when facing a charge of criminal possession of an anti-security item. If you signed any sort of confession, either to store security or the police, you might be able to get the confession deemed inadmissible because it was improperly obtained.

You may also be able to disprove one of the necessary aspects of an element of the offense.You can prove that you did not have the intent to steal property. This defense may be difficult to prove since there is likely to be a presumption that by possessing the anti-security item, you intended to use it.

You may also argue that you did not knowingly possess the anti-security item and that another person placed it in your belongings without your knowledge. With so much on the line and complex defenses, it is essential for you to contact one of our trained legal representatives today.

We Are Here To Help, Call Us Now! 

The criminal possession of an anti-security item is a more serious crime than you may have thought and can have some harsh legal consequences. With the potential for fines, probation, and even jail time, having a knowledgeable lawyer can make all the difference in the world.

New York City has an extreme interest in protecting the property of its retail mercantile establishments. Retaining counsel early on in the legal process ensures the highest likelihood of a positive outcome for you.

For any questions about the criminal possession of an anti-security item in New York, or to have a confidential consultation with one of our knowledgeable criminal defense attorneys, please reach out to us today. We have a nearby office that will be able to assist you.