A TikTok video circulated after the release of the new PlayStation 5. The video was of a guy going to Walmart, grabbing a PS5, and then putting a sticker from a piece of fruit on the box. He went to the self-checkout line, scanned the barcode, and paid a few cents for a brand-new PS5.
If you have listened to our podcast or read anything else we have written you know how Alfonso feels about self-checkout. Personally, he would say, “Enjoy selling a 49 cent PS5 Walmart, you cheap lazy company, not willing to hire cashiers and pay your workers a living wage. But I digress, this is a crime.”
It’s covered under the Texas Penal Code section 32.47 Fraudulent Destruction or removal or concealment of writing. Section E is what applies to this situation. If there is a tangible piece of property with writing (a price tag, for example) attached and you change, alter, destroy, or hide that tag with the intent of getting the item at a lower price, you have committed a crime.
Now the severity of the crime depends on the size of the discount you just gave yourself. If you lower the item $100 or less it’s a class C misdemeanor. That ticket, which is basically hoops you have to jump through to clear this up, is definitely going to cost you more than $100.
Now our banana priced PS5, that’s going to be a class B misdemeanor, changing the price between $100-$750 dollars. That could be jail time, fines, or long probation. With probation fees at $60 give or take, you will lose more than the $750 for sure.
Seven hundred and fifty dollars to $2,500 is a class A misdemeanor, $2,500 to $30,000 is a state jail felony, $30,000 to $150,000 is a 3rd degree felony. It covers prices for 2nd degree felonies and 3rd degree felonies, but it’s hard to think of something that you would be able to alter at the $30,000 mark. If you find yourself with a 1st or 2nd degree felony under this penal code section you have also probably triggered a plethora of other charges that would be more applicable and you are in some serious trouble.
If you find yourself wrapped up for the class C misdemeanor or the 1st degree felony, give us a call and we will fight for you. These charges, like most criminal charges in Texas, still require an intent portion of the crime. The state must prove their case beyond a reasonable doubt. Never face the judicial system alone. Small or big, contact an attorney to help you.
Comments