To prove theft the state will have to prove intent…that is the person intended to deprive the rightful owner of the property.

Now, since we are unable to look into a persons mind, the state will have to use actions as a window to the thoughts. To this end, your wifes actions are consistent with a person who intended to steal…so it is possible that the state could prove the case. If your wife testifies and tells her side and the jury believes her she will he acquitted

I can’t answer your question technically - but I just wanted to chime in that I feel your pain. It has gotten absolutely ridiculous how every single innocent gesture is interpreted by employees, “loss prevention” officers, etc., as a sign that you’re going to steal. Since I’ve been old enough to know better, I’ve NEVER stolen, have NEVER had any intentions of stealing - yet, every time I go into a store, I notice at least one instance of some employee eyeing me suspiciously (or pretending not to look at me as they position themselves nearby to “restock shelves” or “straighten out shelves”, or “count sheep”, or whatever). It’s highly insulting and degrading - employers/employees just don’t care any longer about insulting the dignity of their customers.

I literally cannot turn my head without some employee interpreting the gesture as suspicious. If I linger in an aisle for just 30 seconds trying to make up my mind about an item - some employee comes scurrying over to “straighten out the shelf”. If I show just the slightest bit of hesitation or indecisiveness - such as trying to decide which check-out line to stand in (and trying to figure out which line will move the fastest) - some employee looks up at you and stares, as if you’re some lurking criminal. My actions are misconstrued ALL THE TIME. Often, I don’t have to do anything - the employee just arbitrarily decides that I’m suspicious.

Just last week, I was in Walmart - standing in the check-out line - and the check-out clerk had just started ringing up my items. When you’re waiting for the clerk to finish ringing you up, there is often an “idle period” where there is nothing to do but just stand there and wait. (I guess employees aren’t understanding of this fact - since I’ve been “targeted” during these idle times.) Hanging from the credit-card scanner, just underneath me, were a group of bags - Walmart decided to make these resuable shopping bags available for purchase in this “prime” location. I looked down at the bags - since I’m becoming more and more environmentally conscious and am considering bringing my own reusable shopping bags with me to the grocery store (so I won’t have to rely on plastic bags). Just a second or two after looking down at the bags, I feel the heat of the check-out lady’s stare - she had stopped what she was doing and was staring at me as though I were “up to something”. From where she was standing, she might not have seen the display of bags that I was looking at - and may not have realized that I had a very legitimate reason for looking down. After I had gotten into my car and thought about what had happened, I got angry and indignant. I wished that I had had the presence of mind to shout at her, “If Walmart doesn’t want customers looking at their sales displays, then they shouldn’t put them up!” These employers don’t realize the extent to which they are discouraging potential sales by their tactics: maybe if I had been allowed to look at the sales display without the assault of that check-out lady’s stare (which stopped my perusal of those bags), I might have decided to buy one of those bags. If employees are going to get all suspicious and effectively run the customers who are looking at sales displays off - then that cuts down on sales.

Just yesterday, I was on my way out of a Marshall’s store, and noticed a large mirror on the wall to my right. So I turn and look at myself in this mirror - just to get a glimpse of what I’m looking like that day (it’s not often that I get to look at myself in a full-length mirror). An employee immediately picked up on this and started giving me that stare. Great - so now customers can’t even succomb to vanity and look at themselves in mirrors without encountering an insulting stare.

Shopping is not the enjoyable experience that it used to be. What was once a pleasurable, therapeutic experience has been ruined by my being bombarded with constant messages of, “You seem untrustworthy.” , “You look like you’ve either stolen, or are about to steal.”, “You fit my profile of a thief.”, “You need to be watched.”, etc.

It has caused me to build up a lot of resentment. I am a law-abiding citizen, and THIS is how I’m treated? THIS is the treatment I get when I spend lots of money in your store, padding your profits? THIS is what I get for acting honorably in your store?