Just got a case today where the def. took about $100 worth of electronics but wrapped them in foil to defeat the theft sensors. Case was presented as a Class A using the new enhancement provision regarding retail sensors, fire alarms, etc. Has anyone done the charging language with these enhancements yet? Thanks!

Keith Houston
keithhouston@co.potter.tx.us

I came up with the paragraph below but wanted to see if anyone had something different.

And it is further presented in and to said court, that during the commission of the offense, (1) (defendant) intentionally, knowingly, or recklessly, used a shielding or deactivation instrument, to wit: (2)(Description of shielding or deactivation), to prevent or attempt to prevent detection of the offense by a retail theft detector.

Thanks!

Good thing Texas went to that streamlined, simple Penal Code all those years ago.

You could also probably file it as a SJF under amended PC Sec. 31.16, Organized Retail Theft. Forget the "organized" part--the elements apply to almost all shoplifting cases from retail stores.