Someone told me this, and I was wondering what the legal interpretation could be....

"I went to one of my area hobby shops and bought several items. On the way home, I was checking my sales ticket and saw where the guy failed to charge me for the most expensive item in the bag."

If the guy decides to keep the item and not pay for it, does he technically become guilty of theft? Does he have a legal obligation to notify the store of the error and offer to make it right (return the item or pay for it)?

This is not meant to be an ethics or character question, but I'm curious about what the legal interpretation would be. Could the guy be charged with a crime if the store wanted to press charges, even though they made the initial mistake? Or can they only insist that he pay for the item (and if so, do they have any legal means of forcing him to do that, outside of a lawsuit)?

Thanks!

Mark B.

As a practical matter, if the shopper and the clerk doing the selling are not in collusion, there is no criminal intent to deprive the store of merchandise, so it is not criminal, just a clerk being careless. The store may call to make you aware of the mistake within a reasonable timeframe and ask that you return the item or pay for it, but there is no criminal intent. In some places, there may be per se laws of theft, but in most cases, you have to have intent to deprive.

Okay, but does the intent (keep it even though I didn't pay for it) have to precede the act (getting the merchandise without paying for it) in a case like this? If not, on what grounds does the store make the demand to return the item or pay for it?

If the store contacts you, it is to correct an error made by the clerk. You, not owning the goods, at that point would be made officially aware that you have merchandise you did not pay for, so if you keep it, it is an intent to deprive at that point unless there is some other legal claim you have to retain the goods. In some states, lost or surrundered merchandise, after a certain period, become property of the holder or finder. That is another area of law, bailments.