In New Jersey, yes -- this is legal. In the Garden State, a person can be charged with shoplifting if they behaved in a way that demonstrates their intent to take the merchandise without properly paying. For example, if you took an item from the store and tucked it into another bag that you had with you, you can be charged with shoplifting even though you did not leave the store with the merchandise. Intent does matter in shoplifting cases. If you were charged with shoplifting and believe that you have been falsely charged, contact the experienced shoplifting attorneys at the Davis Law Firm, LLC. We offer a free consultation to all those who have been charged with a criminal offense.