Michigan Retail Fraud requires the prosecution to prove beyond a reasonable doubt that:
- the defendant took some property that the store offered for sale, - the defendant moved the property (Any movement is enough. It does not matter whether the defendant actually got the property past the cashier or out of the store) - the defendant intended to steal the property. Intended to steal means that the defendant intended to permanently take the property from the store without the store's consent. - this happened either inside the store or in the immediate area around the store, while the store was open to the public. - the value of the property
If the value of the property is below $200, it is Michigan Retail Fraud in Third Degree, which is a 93 day misdemeanor.
If the value of the property is between $200-$1,000, it is Michigan Retail Fraud in Second Degree, which is a one year misdemeanor.
If the value of the property is more than $1,000, it is Michigan Retail Fraud in the First Degree, which is a felony.
