shoplifting

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“On appeal, the defendant contends that he should have been convicted of shoplifting rather than larceny, on the theory that shoplifting is a specific crime dealing with the theft of goods from a retail establishment, while larceny is the more general crime involving theft. He relies on State v. Safley, 172 Tenn. 385, 390, 112 S.W.2d 831 (1938), and long line of similar Tennessee cases to support the proposition that a special provision will control over a more general statute.

“The state argues in response that shoplifting, as defined by T.C.A. § 39-3-1125, is the willful concealment of unpurchased goods or merchandise of a store, either on or outside the premises, with the intent of converting those goods to personal use without paying the purchase price. The grand larceny statute, on the other hand, prohibits the taking and carrying away of goods over the value of $200, with the intent of depriving the owner of the goods. T.C.A. § 39-3-1103. The state argues that the element of concealing which is essential to a shoplifting charge was missing in this case, because the defendant merely snatched the merchandise from the Super-X clerk’s custody and ran. We agree and hold that under the peculiar circumstance of this case, the defendant was properly convicted under the larceny statute, even though the stolen goods were taken from a retail store. In all other respects, the evidence is factually and legally sufficient to sustain the defendant’s conviction for larceny.”

J. Daughtrey, State v. Badgett, 693 S.W.2d 917, 918-919 (Tenn. 1985).