In the context of current theft laws, what is critical for establishing the crime of shoplifting?

To establish the crime of shoplifting, one of the most critical elements is the intent to deprive the merchant of property. This is generally evidenced through the act of physically taking merchandise with the intent of not paying for it, which asserts that intention rather than the mere circumstances like the state of the establishment during entry.

While factors like the value of the merchandise or the state of the establishment may play roles in broader theft considerations, they do not fundamentally determine the act itself in the context of shoplifting. Intent to steal, rather than entry conditions or previous criminal backgrounds, is what primarily substantiates a shoplifting charge. Therefore, focusing on the intention behind the act, irrespective of the establishment's state at the time, is crucial to establishing the crime of shoplifting.