The Legalities of Being a Getaway Driver for Shoplifting: A Crime or Just Plain Stupid?

Is it a Crime to Drive Your Car and Take Friends Shoplifting if You Don’t Steal or Enter a Store?

Is it a Crime to Be a Getaway Driver?
Yes, it is. It is also incredibly stupid to do it in your own car. It smacks of amateurism, and whether you participate in the actual theft or not, you are still engaging in aiding and abetting a criminal activity.

Legally, This is Aiding and Abetting a Criminal Activity
So, yes, it is a crime, and you can and probably will be charged along with your shoplifting cohorts. This is true even for a bank robbery's getaway driver. If anyone, including one of the robbers, gets killed during the heist, the rest are charged with murder - even the driver.

A Real-Life Example

I know an 18-year-old kid who drove his friends around. They got busted for possession of stolen property, assault, and burglary. The kid who drove the car said he had no idea what his friends were up to. He still got 4 years. He could have gotten probation but the friends of the thugs threatened to rape and kill his mother if he cooperated with the cops.

You Are an Accessory to the Crime and Just as Culpable
In this situation, you are an accessory to the crime, and just as culpable as your friends. The getaway driver in a bank robbery that results in murder is just as guilty of murder as the gunman. Kiss your cellmate goodnight.

Legal Implications in California

In California, if you agreed to drive someone to a store so that they could shoplift and did drive them, you’d be guilty of conspiracy to commit a crime (Penal Code 182 PC). It is a wobbler, meaning it can be charged as a felony or a misdemeanor depending on the circumstances. Conspiracy to commit a misdemeanor can even be charged as a felony under California law.

Why Engage in This Behavior?
Sure, you may think, “I’m not stealing; I’m just driving.” But you are directly participating in a criminal act by providing transportation to those who are committing theft. Your actions are just as punishable as their actions.

Conclusion

So, if you know your friends are shoplifting and are providing the escape, you are a criminal too. If you get caught, you will be implicated in much more than just driving. The legal system is not interested in finding out who helped the most - it will charge all those associated with the criminal activity. Be wary of becoming a getaway driver, as it can come back to haunt you in ways you never expected.

Enjoy your time... but enjoy it wisely, knowing the legal consequences of your actions.