In many cases, you can still be convicted of shoplifting, even if you did not physically remove items from the store. According to one Texas court, the act of carrying away or removing property is not an element of theft. One Texas court has stated that “any removal of the property, no matter how slight, from its customary location is sufficient to show control over the property for purposes of theft.” This means that removing and concealing items could be enough for the prosecution to prove its case against you under certain circumstances. Of course, the State will often need more to convince a jury that you intended to steal, which is always an element that must be established. One of the most important facts in a theft case – which can be strong evidence of intent – is whether points of sale were passed with merchandise concealed.