14.4. Retail Theft

14.4 RETAIL THEFT 812.015(1), Fla. Stat. To prove the crime of Retail Theft, the State must prove the following two elements: 1. [Name of defendant] knowingly: a . [took possession of or carried away merchandise]. b. oved a label or price tag from merchandise ]. c . [transferred merchandise from one container to another]. d. [removed a shopping cart from a merchants premises]. 2. [Name of defendant] intended to deprive the merchant of possession, use, benefit, or full retail value of the [merchandise] [shopping cart]. DEFINITIONS: 1. Merchandise means any personal property, capable of manual delivery, displayed, held or offered for retail sale by a merchant. 2. Merchant means an owner or operator and the agent, consignee, employee, lessee or officer of an owner or operator of any prem[or ises apparatus] used for retail purchase or sale of any merchandise. 3. Value of merchandise means the sale price of the merchandise at the time it was stolen or otherwise removed depriving the owner of the lawful right to ownership and sale of said item. OPTIONAL DEFINITIONS: 1. Knowingly means with actual knowledge and understanding of the facts or the truth. 2. Knowingly means an act done voluntarily and intentionally and not because of mistake or acciden or other innocent reason. t