Shoplifting is one of the few disorderly persons offenses that need not be completed for a judge to find someone guilty. In other words, an attempt or a concealment of merchandise (without taking the item out of the store) is enough for a conviction.
A "disorderly persons" offense is a New Jersey legal classification for a quasi-criminal charge that is heard in municipal court. Examples include possession of marijuana, simple assault and trespassing-- in other words, charges that are not real serious.
A portion of the New Jersey statute on shoplifting finds liability where an actor purposely conceals merchandise with the intention of stealing. So, a person that hides, let's say, a pack of batteries in a pocket or pocketbook can be detained and arrested for shoplifting.
In a recent case, a trial judge ruled that an individual can be found guilty of shoplifting, even after that person had changed their mind and ditched the merchandise before leaving the store.
