Larceny in the 6th Degree for “Failure to Scan” at Self-Checkout in Connecticut: What Defendants Need to Know

Summary

• Charge: Larceny in the 6th Degree (Conn. Gen. Stat. § 53a-125b) applies when the value is $500 or less and the State claims you intended not to pay for the merchandise.
• Self-checkout cases often start as “failure to scan” or “skip-scan” incidents flagged by store systems or loss-prevention (LP). The legal question is intent.
• Penalties (Class C Misdemeanor): Up to 3 months in jail, up to $500 fine, probation, restitution, and a permanent record if convicted.
• Outcomes for first-timers: Depending on the facts and record, options can include dismissal, nolle, Accelerated Rehabilitation (AR), or pleas to non-theft violations — but nothing is guaranteed.
• Connecticut courts: Retailers and police throughout Connecticut take self-checkout matters seriously. Good defense focuses on lack of intent, system error, or identification/value proof.

Why Self-Checkout Cases Are Booming — And Why It Matters

Self-checkout has changed how shoplifting cases are investigated and charged. Modern point-of-sale (POS) systems, cameras, barcode logs, and analytics now flag “skip-scan” patterns — think bagging without scanning, scanning one item multiple times instead of multiples, or using the wrong barcode. Retailers in Connecticut, especially in busy shopping areas like Fairfield County, invest heavily in LP staff and technology. The result: more arrests for small dollar amounts and more cases flowing to Connecticut Superior Courts.

What appears to a shopper as a mistake can be interpreted by LP as intentional theft. That interpretation drives both probable cause for police and charging decisions by prosecutors. Understanding the elements of larceny, what the State must prove, and how intent is inferred is essential to defending self-checkout cases.

The Law in Plain English

What is Larceny in Connecticut?

Connecticut’s larceny statute (Conn. Gen. Stat. § 53a-119) defines larceny broadly as wrongfully taking, obtaining, or withholding property with the intent to deprive the owner of it. The law lists specific ways larceny can happen — including shoplifting — but the common thread is intent.

What is Larceny in the 6th Degree?

Larceny in the 6th Degree (Conn. Gen. Stat. § 53a-125b) covers cases where the value is $500 or less. It’s a Class C misdemeanor. While “petty” in name, a conviction still creates a criminal record with real consequences for employment, licensing, immigration, and professional reputation.

Penalties for Larceny 6th

• Incarceration: Up to 3 months (maximum; many first-time cases do not involve jail).
• Fine: Up to $500 (court costs and fees are additional).
• Probation: Often tied to restitution, counseling, or community service.
• Restitution: Paying back the store for losses.
• Collateral: Store bans, loss-prevention civil demands, reputational harm.

Shopkeeper’s Privilege & Detention

Under Connecticut law, a retailer’s employees may detain and question a person on reasonable grounds for suspected shoplifting and hold them long enough to summon police. Practically, this means many cases begin in a back office where LP requests ID and a brief explanation, and police issue a summons or make an arrest. Anything you say can later appear in police and LP reports.

How “Failure to Scan” Cases Begin

Typical Fact Patterns

• Bagging without scanning an item, then paying for other items.
• Scanning one item (e.g., a multipack) but not the duplicates.
• Using the wrong barcode (intentionally or not), such as selecting a cheaper produce code.
• Placing items in the bagging area that the machine didn’t register and overriding prompts.
• Leaving with items under the cart that never got scanned.

How Stores Build These Cases

• Video: Overhead and kiosk-level cameras synced to the register timestamp.
• POS Data: Item-level logs showing what was scanned, voided, or overridden.
• LP Observation: Loss-prevention officers watch in real time or review video.
• RFID/EAS: Sensors and gate alarms at exits, sometimes corroborating missing scans.
• Analytics: Some retailers run software that flags “skip-scan” behavior.

Why Intent is the Battleground

The State must prove beyond a reasonable doubt that you intended to take items without paying. At self-checkout, prosecutors argue intent by pointing to patterns (multiple unscanned items; ignoring prompts; leaving the area after a bagging weight alert; prior incidents). Defense focuses on reasonable mistakes — human error, machine glitches, confusing prompts, or distraction (kids, phone, mobility issues).

Connecticut Courts: What to Expect

The Paperwork & First Court Date

You’ll typically receive a misdemeanor summons listing Larceny 6th and a court date at a Connecticut Superior Court. At arraignment, the court addresses release conditions and refers the case to a pretrial docket.

The Process After Arraignment

1. Discovery: Your lawyer requests video, POS logs, LP reports, receipts, and witness lists.
2. Investigation: Defense may gather loyalty card data, bank statements, and store receipts to show purchases were paid or that scanning errors occurred.
3. Pretrial Negotiations: Counsel discusses restitution, dismissal possibilities, or eligibility for AR or other non-criminal dispositions.
4. Motions & Hearings: If needed, the defense contests probable cause, suppresses statements, or challenges video authenticity and chain of custody.
5. Trial: If no acceptable resolution, a judge or jury decides whether the State proved intent and value.

Common Outcomes in Connecticut (Fact-Dependent)

• Dismissal or Nolle: Sometimes with restitution, a letter of apology, community service, or a shoplifting education course.
• AR: For eligible first-time offenders, AR can lead to dismissal and erasure if completed.
• Plea to Non-Theft Violations: In some cases, a plea to a non-theft violation (e.g., simple trespass or creating a public disturbance) avoids a theft conviction.
• Conviction: If the State proves intent and value, and no alternative is agreed upon.

Elements the State Must Prove

1) A Taking as Defined by the Larceny Statute

At self-checkout, the “taking” theory is that you withheld property without paying. The State often argues that passing all points of sale with unscanned items or leaving the store establishes the taking, even if you paid for other items.

2) Intent to Deprive

Prosecutors try to infer intent from:

• Multiple unscanned items or higher-value items were not scanned.
• Overriding or ignoring machine prompts.
• Switching barcodes or selecting a cheaper code in the produce lookup.
• Concealment cues: placing items under a coat, stroller, or cart.
• Statements made to LP or police.

3) Value ($500 or Less for 6th Degree)

The State must prove value. Proof usually comes from register prices and shelf tags. Defense can challenge value on:

• Sale or discount pricing is not included in the calculation.
• Receipt/loyalty discounts were not applied.
• SKU mismatches between the video and the pricing record.

Evidence Issues the Defense Explores

• Video Gaps & Sync Errors: Are timestamps aligned? Is the camera view obstructed?
• POS and Kiosk Logs: Look for system errors, voided items, cashier assists, or lag.
• Witness Credibility: LP officers’ assumptions may not match the video.
• Statements & Miranda: Were police statements appropriately taken?
• Identity & Attribution: Who handled which item? Were companions or children involved?

Defenses Specific to Self-Checkout

• Lack of Intent / Honest Mistake: Human or machine error can explain missed scans.
• No Taking / Immediate Correction: If you corrected the error promptly.
• Value Disputes: Miscalculated value can change the case level.
• Coercive Detention or Misconduct: Aggressive LP tactics may undermine credibility.

Accelerated Rehabilitation (AR) in Self-Checkout Cases

AR is a pretrial diversion program that, if granted and completed, results in dismissal and erasure. Eligibility is for first-time or low-risk defendants, subject to court discretion. Conditions may include restitution, community service, classes, or counseling. In Connecticut courts, AR may be considered in straightforward, small-value self-checkout incidents, especially where intent is weak, loss is minimal, and restitution is paid.

Other Paths to Resolution

1. Nolle: State drops prosecution; case erased after 13 months if not reopened.
2. Dismissal on the Merits: If the State can’t prove intent, value, or identity.
3. Nolle for Community Service Hours: In some cases, prosecutors may agree to enter a nolle prosequi if the defendant completes a specified number of community service hours. This allows the case to be dropped without a conviction and erased after the statutory period.
4. Conditional Pleas: A plea may be held with conditions; if met, the plea can be withdrawn and the case dismissed.

Practical Do’s and Don’ts

• Do contact an experienced Connecticut criminal defense attorney immediately.
• Do preserve receipts, loyalty data, and transaction history.
• Do remain calm if detained by store staff.
• Avoid making unnecessary statements to LP or the police.
• Don’t assume “small dollar” means “small consequences.”

Frequently Asked Questions (FAQs)

Will I go to jail for Larceny in the 6th Degree in Connecticut?
Jail is possible, but for many first-time offenders, it is unlikely. Courts often consider diversionary programs, restitution, or community service instead.

Can Accelerated Rehabilitation (AR) erase my record?
Yes. If AR is granted and you successfully complete the conditions, the charge is dismissed and erased, meaning it will not appear on most background checks.

What if it was an honest mistake at self-checkout?
Intent is the key issue. If the defense can show the missed scan was accidental, caused by distraction, or due to machine error, prosecutors may agree to a favorable resolution.

How long does a nolle take to be dismissed?
In Connecticut, a nolled case is typically dismissed automatically after 13 months if the State does not reopen it. Some cases involve community service or restitution agreements first.

Will this arrest stay on my record forever?
Not necessarily. If your case is dismissed, nolled, or resolved through AR, it will be erased and will not appear on most background checks. However, a conviction for Larceny 6th will remain on your permanent record and can have long-term consequences.

Conclusion

Self-checkout “failure to scan” cases are increasingly common in Connecticut. While charged as Larceny in the 6th Degree, the impact on your record and future is profound. These cases turn on intent, value, and credibility of evidence. With the right defense strategy — challenging the State’s assumptions, negotiating alternatives, and presenting your side — favorable outcomes are possible.

At the Law Offices of Allan F. Friedman, we have decades of experience defending shoplifting and self-checkout cases throughout Connecticut. With 4.9-star client ratings on Google and Avvo, we are committed to protecting your rights and guiding you toward the best possible resolution.

📞 Call us today at (203) 357-5555 for a confidential consultation.