A man in Tennessee is facing up to 12 years in prison for shoplifting, in a case that highlights how corporations like Walmart are influencing prosecutors to escalate minor thefts to felony charges. Curtis Lawson, 38, entered a Walmart in Knoxville on 26 December 2016 and committed 'return fraud' – pretending to return items he had not purchased – to obtain $39.57 in cash. He was detained by loss prevention staff and later charged with shoplifting and criminal trespass.
Lawson had outstanding warrants for traffic violations, including a DUI, and a history of drug addiction. His shoplifting charge was escalated to felony burglary because he had previously been issued a 'Notification of Restriction from Property' by Walmart, banning him from all Walmart locations after a prior shoplifting incident. Under Tennessee law, entering a building without the owner's consent and committing theft constitutes burglary, punishable by up to 12 years in prison.
Lawson's defence argued that charging him with burglary was inappropriate because Walmart is open to the public, and the notification was not consistently enforced. Assistant public defender Jonathan Harwell noted that Lawson had entered Walmart multiple times since receiving the notice without issue, and there are no signs indicating the ban. The case illustrates a growing trend of corporations pushing prosecutors to increase shoplifting charges, despite the value of the stolen goods being well below the $1,000 threshold for a felony in Tennessee.
The Knox County district attorney's office has pursued similar cases under the burglary statute, while other counties have dismissed such charges. Lawson's bail was set at $5,000, and he remains in jail awaiting trial.
