A Florida Theft and Possession of Anti-Shoplifting Countermeasures Defense Attorney Explains What You’re Really Facing

You probably didn’t expect to be facing a felony. Maybe you were stopped by store security. Maybe the police searched your bag or your car. And suddenly, you’re accused of more than just shoplifting. Now, they’re saying you had tools intended to defeat security measures. They’re using words like "booster bag," "countermeasure device," and "intent to commit theft." What most people don’t know is that simply possessing certain items near retail stores can land you in a courtroom on felony charges.

As a Florida Theft and Possession of Anti-Shoplifting Countermeasures Defense Attorney, I’ve handled these cases throughout the state. I’ve represented clients who had no intention of stealing but were arrested because of what they were carrying. I’ve also helped people who made mistakes and were caught in the wrong place at the wrong time. These cases move fast, and the stores have trained loss prevention teams ready to assist police. If you’re facing this charge, here’s what you need to know.

The Law: What Is Florida Statute §812.015(7)?

Under Florida law, it is a third-degree felony to possess any item designed to overcome security devices used to prevent theft. Florida Statute §812.015(7) states:

"It is unlawful for any person to possess, with the intent to commit theft from a merchant, any tool or device used to defeat or otherwise circumvent a security device, including but not limited to any laminated or coated bag or device designed and intended to shield merchandise from detection by an electronic or magnetic security device."

The key words here are "possess" and "intent to commit theft." You don’t need to be caught stealing anything to be arrested under this statute. The State only needs to allege that you had certain tools in your possession and that you intended to use them to shoplift.

That combination gives law enforcement the basis to arrest you for a third-degree felony, punishable by:

  • Up to 5 years in state prison,

  • Up to 5 years of probation,

  • A $5,000 fine,

  • Permanent felony record if convicted.

What Counts as an Anti-Shoplifting Device?

In most cases, the items that trigger this charge fall into a few categories:

Booster Bags

These are lined with foil or other materials that block RFID or magnetic security tags. The goal is to prevent alarms from going off when the bag leaves the store.

Magnetic Tag Removers

These devices are used to detach the plastic security tags that retailers place on merchandise. In a store setting, these are kept behind the counter or in the stockroom. If found in your possession without authorization, they’re treated as evidence of intent to commit retail theft.

Hook and Cable Cutters

Some electronics, handbags, and high-value items are secured with plastic ties or steel cables. Possession of tools designed to cut or remove these restraints, especially in retail environments, can support this felony charge.

RF Signal Jammers

While less common, signal-jamming devices used to disrupt electronic anti-theft systems also fall under this statute.

The prosecution will not need to prove you actually used the item. They only need to show that you had it, and that you were near a merchant location or inside a retail store, and that there was intent to commit theft.

How Retailers and Loss Prevention Teams Build These Cases

Many national retailers, including big-box stores and clothing chains, invest heavily in loss prevention. These teams are trained to identify shoplifting patterns, monitor surveillance, and follow people who match certain behavioral profiles.

Here's how these arrests usually happen:

  • A loss prevention agent spots you acting suspiciously or spending time near high-value items.

  • You’re observed carrying a bag or object that appears bulky or reinforced.

  • The store follows you on camera, often from the moment you enter.

  • Police are called before you ever leave the store.

  • When officers arrive, they search your belongings and find the alleged countermeasure device.

  • You’re arrested on the spot, even if no merchandise was taken.

Retailers often coordinate closely with local police departments and may provide detailed incident reports, video evidence, and in-house witness testimony.

If you don’t have experienced representation, your case may move forward without challenge, and prosecutors may file the charge without hesitation.

Real Case Example: Felony Charge Avoided

I represented a young woman who was shopping at a mall with her cousin. She had a designer handbag lined with a thin layer of aluminum for fashion purposes. A store security officer believed the bag was a booster bag and claimed she acted nervously while browsing cosmetics.

She was stopped as she exited the store and accused of possessing an anti-shoplifting device. No merchandise was missing. Still, she was arrested and charged under §812.015(7). The officer testified that her bag was capable of defeating the store’s magnetic sensors.

We immediately filed a motion to inspect the bag and requested a forensic review. Our expert showed that the lining was not dense enough to block RFID signals. We also found social media posts showing the bag was a fashion accessory, widely sold online.

The prosecutor agreed to drop the felony charge in exchange for a civil resolution and community service. No conviction was entered, and her record remained clean.

This kind of outcome is only possible when your attorney fights every detail of the case. That’s what private legal defense can provide.

How I Build the Defense

Every case starts with a thorough investigation. As your Florida Theft and Possession of Anti-Shoplifting Countermeasures Defense Attorney, I look at the following:

Was There Actual Intent?

Possession alone is not enough. The State must prove that you intended to use the item for theft. I examine your behavior, surveillance footage, and statements to challenge this assumption.

Is the Item Actually a Countermeasure?

Just because something looks suspicious doesn’t make it a tool for theft. I often bring in experts to examine the bag, object, or device and provide evidence that it does not meet the legal definition.

Were You Lawfully Stopped and Searched?

If law enforcement violated your rights during a search or detention, we can file motions to suppress the evidence. If the stop was not based on reasonable suspicion, the entire case may be subject to dismissal.

Is the Witness Testimony Reliable?

Store security officers are not police officers. They sometimes exaggerate or misinterpret behavior. I cross-examine their statements and review their training records to look for inconsistencies.

The Risks of a Felony Conviction

Many people think these are just “shoplifting tools” or assume the charges will go away. They don’t realize how damaging a third-degree felony conviction can be.

Consequences include:

  • A permanent criminal record,

  • Ineligibility for many professional licenses,

  • Barriers to employment or housing,

  • Loss of firearm rights,

  • Immigration issues for non-citizens,

  • Mandatory probation or incarceration.

Even a withhold of adjudication can carry long-term effects. That’s why early defense matters. A good attorney can often negotiate diversion programs, reduced charges, or dismissal in certain cases.

Why a Private Attorney Makes the Difference

Public defenders handle dozens of cases at a time. They may not have time to investigate your bag, question the loss prevention officer, or challenge the classification of your belongings.

As a private attorney, I focus on getting ahead of the charge:

  • I contact the prosecutor before filing,

  • I present favorable evidence immediately,

  • I push for alternatives that protect your record,

  • I fight weak or inflated charges aggressively.

These cases can move fast. If you wait until arraignment, it may be too late to stop formal charges. That’s why early representation is critical.

Florida Theft and Possession of Anti-Shoplifting Countermeasures Defense FAQs

Can I be arrested even if I didn’t take anything?

Yes. Under Florida law, you can be arrested for simply possessing a device that is believed to be used for defeating security systems. The State doesn’t have to prove you stole anything, only that you had the item and intended to use it for theft.

What if I didn’t know the item was illegal?

Lack of knowledge is not always a complete defense, but it may help your case. If you did not know the item was considered a countermeasure, or if it had a legitimate purpose, your attorney may be able to argue lack of intent.

Is a foil-lined shopping bag illegal?

Not necessarily. Many bags have foil lining for insulation or fashion. What matters is whether it was designed or used to block security tags. If it wasn’t used for theft, and there’s no proof of intent, we can challenge the charge.

What is the penalty for possession of an anti-shoplifting device?

It is a third-degree felony in Florida. That means up to five years in prison, five years of probation, and a $5,000 fine. The conviction also goes on your permanent record, unless the case is dropped or sealed.

What if I was stopped in a store but never left with anything?

You can still be charged if security or law enforcement believes you had the intent to commit theft using a countermeasure device. This is why you need an attorney who can question the assumptions made during the stop.

Do I have to appear in court?

Yes. Felony charges require a mandatory court appearance. However, if you hire a private attorney, I may be able to appear on your behalf at some hearings, depending on the stage of the case and the county.

Can the charge be reduced?

In many cases, yes. If we show the item was not illegal, or that you had no intent to use it unlawfully, we can push for the charge to be reduced to a misdemeanor, or resolved through diversion or dismissal.

Will this stay on my record forever?

If you are convicted, the felony will remain on your record. However, if the case is dismissed or dropped, or if you receive a withhold and meet other criteria, we may be able to seal or expunge your record. That’s why fighting the charge from the start is so important.

How can I defend myself if I was just shopping?

Your defense begins with evidence. We look at video, store policies, witness reports, and your behavior. If nothing shows intent to steal, we can build a defense focused on clearing your name.

Is it worth hiring a private lawyer?

Absolutely. A felony charge carries long-term consequences. A private attorney can dedicate time to reviewing the facts, challenging the evidence, and protecting your record in a way that overworked court-appointed lawyers often cannot.

Contact a Florida Theft and Possession of Anti-Shoplifting Countermeasures Defense Attorney Today

If you’ve been accused of possessing shoplifting tools or countermeasure devices in Florida, you may be facing a hidden felony that can change your life. These cases are serious, and the stores and police take them seriously. So should you.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.

Act fast. The right defense can keep a misunderstanding from becoming a felony.