Wednesday, May 4, 2016

Shoplifting Does Not Become Burglary Merely By Remaining On Premises

Ordinary retail theft will not be elevated to a count of burglary merely by remaining on the premises, if the premises is still open to the public.
 
People v. Bradford, 2016 BL 90900, Ill., No. 118674, 3/24/16

     The Illinois Supreme Court ruled that a defendant who commits theft during regular business hours, remains only in areas open to the public, and leaves before the store closes, cannot be convicted of burglary merely for staying on the premises after the theft.

     The court ruled that a person commits 'burglary by remaining in the public place only where he exceeds his physical authority to be on the premises.' One 'who enters a building lawfully, shoplifts merchandise within areas which are open to the public, then leaves during business hours, is guilty of ordinary retail theft.'

http://www.bloomberglaw.com/public/desktop/document/People_v_Bradford_2016_IL_118674_Court_Opinion?1462392535

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