Petit Larceny and Concealment (Shoplifting) Charges in Virginia: A Complete Guide to Va. Code §§ 18.2-96 and 18.2-103

What Hampton Roads and Williamsburg residents need to know about petit larceny, shoplifting, and merchandise concealment charges under Virginia law — including penalties, real-world examples, and defense considerations.

Facing a theft charge in Virginia can feel overwhelming, especially when the accusation involves something as ordinary as a shopping trip gone wrong. Petit larceny and concealment charges — often called “shoplifting” — are among the most common criminal charges filed in general district courts across Williamsburg, James City County, York County, Newport News, and the greater Hampton Roads region. Despite being misdemeanors, these charges carry real consequences: potential jail time, fines, and a permanent criminal record. This guide breaks down exactly what Virginia law says, how the two most commonly charged statutes differ, and what typical cases look like.

What Is Petit Larceny Under Virginia Law?

Petit larceny is defined in Virginia Code § 18.2-96. Under this statute, a person commits petit larceny when they:

• Take money or any item of value less than $5 directly from another person’s body or immediate possession (“from the person”), or

• Commit simple larceny — not from a person — of goods or chattels valued at less than $1,000.

Petit larceny is classified as a Class 1 misdemeanor, the most serious misdemeanor category in Virginia. A conviction carries up to 12 months in jail and a fine of up to $2,500, either or both. Courts may also order restitution to the victim or store.

Key 2026 Update: The “Three Strikes” Enhancement Is Gone

Virginia repealed § 18.2-104, which once automatically elevated a third petit larceny conviction to a felony regardless of the value stolen. That repeal took effect July 1, 2021, and remains current law today. Every petit larceny offense — first, second, or subsequent — is now charged as a Class 1 misdemeanor unless a different statute independently makes it a felony (for example, theft of a firearm, which is always grand larceny under § 18.2-95). Judges may still weigh prior convictions at sentencing, but there is no automatic felony bump for repeat offenders.

Example: Petit Larceny “Not From the Person”

A shopper in Newport News takes a $40 pair of sunglasses from a display rack and leaves the store without paying. Because the item’s value is under $1,000 and it was not taken directly from another person, this is charged as petit larceny under § 18.2-96(2) — a Class 1 misdemeanor.

Example: Petit Larceny “From the Person”

Outside a restaurant in Williamsburg, someone grabs a $4 pack of gum out of another patron’s hand and walks off. Even though the value is trivial, because it was taken directly from the victim’s possession, it falls under the “from the person” clause of § 18.2-96(1). (Note: if the item taken from a person is valued at $5 or more, Virginia law instead charges it as grand larceny under § 18.2-95 — the threshold for theft from a person is far lower than the $1,000 threshold for other property.)

What Is Concealment (Shoplifting) Under Virginia Law?

Concealment is codified separately at Virginia Code § 18.2-103, sometimes called Virginia’s “shoplifting statute.” It applies specifically to goods or merchandise inside a store or other mercantile establishment. A person violates § 18.2-103 when, without authority and intending to convert merchandise to their own or another’s use without paying full price — or to defraud the owner of its value — they:

• Willfully conceal or take possession of store merchandise;

• Alter a price tag or other price marking on merchandise, or transfer goods from one container to another; or

• Counsel, assist, aid, or abet another person in doing any of the above.

Critically, § 18.2-103 does not require that the person ever leave the store. Concealing an item on your body or in a bag while still inside the store is enough to complete the offense — Virginia courts treat willful concealment of merchandise as prima facie evidence of intent to steal.

Penalties mirror the larceny value thresholds: when the merchandise involved is valued at less than $1,000, the offense is graded as petit larceny (Class 1 misdemeanor — up to 12 months in jail and a $2,500 fine). When the value is $1,000 or more, it is graded as grand larceny, a felony punishable by up to 20 years in prison.

Example: Concealment Inside the Store

A customer at a retail store in York County places two shirts inside her own tote bag while browsing and continues shopping. Store loss-prevention staff observe the concealment and detain her before she reaches the exit. Because she never left the store, she cannot be charged with completed larceny under § 18.2-96 — but she can be, and typically is, charged under § 18.2-103 for willfully concealing merchandise with intent to convert it without paying.

Example: Price Tag Switching

A shopper swaps the price tag from a $15 item onto a $150 jacket and attempts to pay the lower price at checkout. This falls under the price-alteration clause of § 18.2-103, and the value used for grading the offense is the merchandise’s actual value — $150 — not the fraudulent price paid.

Example: Aiding Another Person

One person acts as a lookout while a companion conceals merchandise in a stroller at a big-box store in Hampton Roads. Because § 18.2-103 explicitly covers anyone who “counsels, assists, aids or abets” the concealment, both individuals can be charged — not just the person who physically hid the item.

Petit Larceny vs. Concealment: Key Differences

Although the two statutes overlap and often lead to the same practical penalties, they are legally distinct:

• § 18.2-96 (petit larceny) generally requires the property to have been taken — asportation, or actual removal from the owner’s possession.

• § 18.2-103 (concealment) can be charged even if the person never leaves the store, since willful concealment alone satisfies the statute.

• Both are graded using the same $1,000 value threshold between misdemeanor and felony treatment.

• A single shoplifting incident is frequently charged under both statutes, or amended between them, depending on the facts developed at trial.

Additional Consequences to Know

Store owners and employees also have specific legal tools under Virginia’s shoplifting statutes worth understanding:

• Merchant detention: Under § 18.2-105, a merchant or their agent with probable cause may detain a suspected shoplifter for up to one hour pending police arrival.

• Civil liability: Under § 18.2-104.1, anyone convicted under § 18.2-103 is civilly liable to the store owner for the retail value of unrecovered merchandise plus prosecution costs — separate from any criminal fine.

• Crime of moral turpitude: Both petit larceny and concealment convictions are considered crimes of moral turpitude, which can affect professional licensing, security clearances, immigration status, and background checks well beyond the criminal case itself.

• Deferred disposition: First-time offenders may qualify under § 19.2-303.2 for a program that can result in dismissal after probation, restitution, and conditions like theft-awareness classes are completed.

Charged With Petit Larceny or Concealment in Hampton Roads or Williamsburg?

Even a first misdemeanor theft charge can create a criminal record that follows you for years. Because intent is a required element of both § 18.2-96 and § 18.2-103, cases involving misunderstandings, distracted shoppers, or store surveillance errors are often defensible. If you or a family member has been charged with petit larceny, shoplifting, or concealment in Williamsburg, James City County, York County, Newport News, or elsewhere in Hampton Roads, speaking with an experienced Virginia criminal defense attorney promptly can make a meaningful difference in how the case is resolved.

This article is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. For guidance on a specific case, consult a licensed Virginia criminal defense attorney.

Frequently Asked Questions

Is petit larceny a felony in Virginia? No. As of current law, every petit larceny offense under § 18.2-96 is a Class 1 misdemeanor, regardless of the number of prior convictions, following the 2021 repeal of the third-offense felony enhancement.

Can I be charged with shoplifting if I never left the store? Yes. Virginia Code § 18.2-103 allows a concealment charge based on willfully hiding merchandise with intent to avoid paying for it, even if the person is stopped before exiting.

What is the dollar threshold between petit and grand larceny? Generally $1,000 for property not taken from a person, and just $5 for anything taken directly from a person’s body or possession.

Contact our office today for a confidential consultation to discuss the specific facts of your case and your legal options.

Petit Larceny and Concealment Charges in Virginia