MS SB2044

Changes the mental state requirement for shoplifting from "willfully and unlawfully" to "purposely, knowingly or recklessly" in the definition and presumptions sections.

Makes a second shoplifting conviction a felony (punishable by up to 2 years imprisonment and/or fine up to $1,000) if the second offense occurs within 5 years of the first conviction.

Keeps a second shoplifting conviction a misdemeanor (punishable by up to 6 months jail and/or fine up to $1,000) if the second offense occurs more than 5 years after the first conviction.

Maintains existing penalties for first convictions (misdemeanor with possible probation instead of jail unless court finds public safety risk) and third or subsequent convictions with merchandise valued $500-$1,000 (felony with up to 3 years imprisonment).

Takes effect July 1, 2022.