THEFT RULE:  The rule is a theft is committed when a person trespassory takes and carry’s away the personal property of another with the intent to permanently deprive the possessor of the property.  In California it is elevated to Grand Theft when the value of the property is $400 or more. 

In this situation Winona is accused of carrying several items, from a high end Saks Fifth Avenue in the Hills, into a changing room, pulling an Edward Scissorhands, cutting tags off of them and stuffing them into her bags.  Poor Winona’s scheme didn’t pull anything over the store security.  Security approached her and apprehended the assailant and did a thorough search on her bags.  Security found over $5000 in unpaid for merchandise in Winona’s possession. Ryder claims she had thought she already purchased the items and was in no way trying to rip them off.  Winona claims she thought she had a credit with the store in which she takes what she wants and the store just charges it to her account.  It is also alleged that she cut tags because she was practicing for a role as a shoplifter she has in an upcoming film, maintaining that the clothes were assumed to be paid for.  Ryder could have faced up to 3 years in prison for the charges of grand theft, second degree burglary, and vandalism.

Winona’s defense would most likely have continued with the claim that Winona was under the impression that the close were paid for, relieving her of the mental intent required to convict for theft.  This means that if Winona could have shown through trial that she TRULY believed that the items were paid for, then she would not have had the intent to trespassory take the items, required under the crimes elements.

Winona and her top notch defense council could not acquit her of her charges and Winona was found guilty of the theft.  Her sentence, 3 years probation, $6500 in restitution to the store, $2700 in fines, and 480 hours of community service. 

Is this a fair punishment?  Personally I think this is extremely fair.  Her restitution is full, the fines are nearly half the value of the items she took, probation is long enough to leave an impression, and community service will give Winona something to do rather than go shopping for free clothes.

TAKEAWAY:  The truth is- nothing comes for free in this world, well not usually.  If you want something it is always a better choice to work for it rather than take it.  Not only does it teach you the ethical concept of hard work, but it might keep yer ass out of jail as well.  Also if you get caught as this case will show you, it will cost more in the end.

Why do you think somebody with seemingly unending cash would still feel the need to steal from a department store?  What possible explanations could there be?