Massachusetts Theft Charges: Shoplifting, Larceny, Receiving Stolen Property, and Identity Fraud

Massachusetts theft charges cover materially different accusations. The Commonwealth may bring different charges, with different elements and penalties, for a concealed item at a register, a disputed refund, alleged embezzlement arising from business records, and a fraudulent credit application.

Using an AI copy of a relative’s voice to ask for money can be charged as identity fraud under G.L. c. 266, § 37E. The firm’s page on AI crimes in Massachusetts explains that charge.

The defense depends on which section the Commonwealth charges, the alleged value and type of property, the evidence of intent, and the procedural stage. The classification and penalty can depend on the charged statute, the property, the value, and any prior offenses. Under the general larceny statute, the classification of the charge as a felony or a misdemeanor often depends on value, but the statute treats a firearm as felony property regardless of value. Intent is frequently contested because taking property by mistake, under a claim of right, or without the intent to deprive the owner permanently is not larceny.

Many first-offense shoplifting and lower-value larceny cases begin with an application for a criminal complaint and a clerk-magistrate hearing rather than an arrest and an arraignment. In a case that begins with a complaint application, the question whether a criminal complaint issues at all can depend on the work done before the hearing.

This page introduces the principal categories and links to the detailed page for each charge. Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. Serpa Law Office can be reached at 617.936.0201.

Shoplifting: M.G.L. c. 266, § 30A

Shoplifting is a criminal offense, not a civil matter. Section 30A covers concealing merchandise, taking it away, altering or removing a price tag, transferring goods between containers, recording a false value, and removing a shopping cart, in each case with the intent to deprive the merchant.

The penalties depend on the retail value.

Under $250. A first offense is punishable by a fine of up to $250. A second offense is punishable by a fine of $100 to $500. A third or subsequent offense is punishable by a fine of up to $500 or imprisonment in a jail for up to two years, or both. For goods under $250, Section 30A applies to the exclusion of the general larceny statute.

$250 or more. The offense is punishable by a fine of up to $1,000 or imprisonment in the house of correction for up to two and a half years, or both.

Section 30A authorizes a warrantless arrest on probable cause. Section 30A also provides that a merchant’s statement that a person violated the section constitutes probable cause for arrest. A shoplifting case may therefore start with an arrest or with an application for a complaint. The availability of a clerk-magistrate hearing depends on how the case starts.

The firm’s page on Massachusetts shoplifting and larceny defense covers shoplifting in full.

Larceny: M.G.L. c. 266, § 30

Section 30 covers stealing, obtaining property by false pretenses, and converting or embezzling the property of another. Stealing, false pretenses, and embezzlement are separate theories. The Commonwealth must prove the theory it charged.

Over $1,200, or a firearm of any value. Punishable by state prison for up to five years, or a fine of up to $25,000 and jail for up to two years. Larceny over $1,200, or of a firearm, is a felony because the statute authorizes a state prison sentence.

$1,200 or less. Punishable by jail for up to one year or a fine of up to $1,500. Larceny of property, other than a firearm, valued at $1,200 or less is a misdemeanor.

An alleged victim who is 60 or older, or who is a person with a disability. Section 30(5) sets a different threshold and higher penalties. For property valued above $250, the offense is punishable by up to ten years in state prison or up to two and a half years in the house of correction, or a fine of up to $50,000, or both.

The Commonwealth must prove beyond a reasonable doubt that the value of the property exceeded the statutory threshold before the judge may impose a higher penalty based on value. The parties may dispute the value. Retail price, actual market value, and the amount the merchant claims can differ.

Larceny by false pretenses requires a false statement of fact, made knowingly, that the other person relied on in parting with the property. A broken promise about the future is not the same as a false statement of existing fact.

Embezzlement applies where the accused lawfully possessed the property and then converted it. Embezzlement cases usually arise from an employment or fiduciary relationship. The defense frequently depends on authorization, accounting, and whether the money was ever the employer’s to begin with.

The firm’s page on larceny over $1,200 and Massachusetts financial crimes covers financial and higher value cases.

Receiving Stolen Property and Identity Fraud

Receiving stolen property, M.G.L. c. 266, § 60, is a separate offense from the theft itself. The Commonwealth must prove that the property was stolen, that the accused received or possessed it, and that the accused knew or believed it was stolen. The Commonwealth’s ability to prove the charge frequently depends on the evidence of knowledge.

Identity fraud, M.G.L. c. 266, § 37E, includes posing as another person with intent to defraud and using that person’s identifying information to obtain money, credit, goods, services, or identification, or to harass. The statute also covers obtaining identifying information with that intent and possessing a tool adapted to access account numbers, passwords, or biometric data under circumstances showing an intent to use it in a larceny.

The offense is punishable by a fine of up to $5,000, imprisonment in the house of correction for up to two and a half years, or both. A person found guilty must also pay restitution for the victim’s financial loss, including qualifying credit-correction costs and lost wages.

The Clerk-Magistrate Hearing

Under M.G.L. c. 218, § 35A, a court ordinarily must give a person who was not arrested notice and an opportunity to be heard before it issues process on a misdemeanor complaint application, subject to the statute’s exceptions. Some theft cases begin with a clerk-magistrate hearing because a store reports the incident and seeks a complaint instead of having the person arrested.

A denial by the clerk-magistrate ends the complaint application. No complaint issues, no arraignment occurs, and the application produces no CORI entry. A case in which a complaint has issued can no longer end through a denial at the prearraignment stage.

A denial does not mean that no record of any kind exists. A police report of the incident can remain in the department’s files. The arrest and booking record can remain in a case that began with an arrest. A store may keep its own incident record and may pursue a civil demand separately.

See Massachusetts clerk-magistrate hearings and the clerk-magistrate hearing FAQs.

What the Record Shows, by Outcome

The charge appears in CORI after a case proceeds to arraignment, regardless of the later disposition. What the entry shows and who can access it depend on the disposition and any sealing order.

The available outcomes include dismissal, a not guilty verdict, pretrial probation, diversion, a continuance without a finding, and a conviction. The available outcomes are not interchangeable. A continuance without a finding requires an admission to sufficient facts. Under 8 U.S.C. § 1101(a)(48)(A), a continuance without a finding counts as a conviction for immigration purposes when the judge also orders some form of punishment, penalty, or restraint on the defendant’s liberty. Pretrial probation involves no admission and no finding.

An otherwise eligible conviction may be sealed under M.G.L. c. 276, § 100A after the applicable statutory waiting period. A not-guilty finding must be sealed under § 100C unless the defendant objects. After a dismissal or nolle prosequi, the defendant may petition for sealing under § 100C without a waiting period.

Sealing changes what the Commissioner of Probation reports. Sealing does not change the federal immigration treatment of a conviction. The question whether a licensing authority may consider the disposition or require its disclosure depends on that authority’s own rules.

See criminal records and outcomes and sealing and expungement.

Immigration Consequences

Theft offenses are frequently treated as crimes involving moral turpitude. The immigration consequences depend on the specific conviction and the sentence rather than on the label of the charge.

Two federal rules depend on the maximum penalty and the sentence for the Massachusetts offense.

The petty offense exception. For inadmissibility, 8 U.S.C. § 1182(a)(2)(A)(ii)(II) provides an exception where the person committed only one such crime, the maximum penalty possible did not exceed imprisonment for one year, and the sentence imposed was not more than six months. Larceny of $1,200 or less is punishable by up to one year, the longest maximum penalty the exception allows. Larceny over $1,200 has a five year maximum and cannot qualify. A third or subsequent shoplifting offense has a two year maximum and cannot qualify either.

The one year sentence rule. A theft offense with a sentence of one year or more, counting a suspended sentence, may qualify as an aggravated felony under 8 U.S.C. § 1101(a)(43)(G).

A noncitizen should obtain immigration advice before accepting a disposition because the federal result may depend on the convicted offense and the sentence imposed. See immigration consequences of Massachusetts criminal charges and criminal convictions for immigrants and visa holders.

Professional Licenses and Students

Licensing authorities often ask about allegations involving theft, fraud, or dishonesty, but each profession sets its own reporting questions, reporting events, forms, and deadlines. A Massachusetts attorney must notify bar counsel within ten days of a conviction under S.J.C. Rule 4:01, § 12(8). Rule 4:01 defines conviction to include an admission to sufficient facts. Other authorities ask different questions, some when a charge is filed and others at renewal. What the person must disclose depends on the wording of the profession’s rule or form.

See criminal defense for licensed professionals.

A student facing a theft allegation may also face a university disciplinary proceeding under the institution’s own schedule and standard. See student criminal defense.

A New Charge While on Probation

A person on probation for an earlier case who is charged with a theft offense faces two proceedings. The new charge does not by itself establish a probation violation. At the surrender hearing, the Probation Department must prove the violation by a preponderance of the evidence. An acquittal or dismissal of the new charge does not end the surrender proceeding, because the standards in the two proceedings differ.

See Massachusetts probation violation defense and violating a continuance without a finding.

Detailed Theft and Larceny Pages

• Massachusetts Shoplifting and Larceny Defense
• Larceny Over $1,200 and Massachusetts Financial Crimes

Serpa Law Office can be reached at 617.936.0201 for a free and confidential consultation. The Boston office is at 20 Park Plaza #400A. The Quincy Office is at 500 Victory Road, Suite 400A.