Q: Can an undocumented person get deported for accidental theft of a small $300 item at Walmart self checkout?
A:
There is no such thing as an "accidental" theft. The crime of theft requires the mens rea of "knowingly" and, in the most common instances, the specific intent to deprive the owner permanently of the use or benefit of the property.
An accidental taking of property--for example when a customer temporarily leaves the shopping cart with their purchases unattended and another customer accidentally causes another product to fall off the shelf into that cart without the customer seeing it and then the customer leaves with that item still in their shopping cart--is not a theft.
A: Anyone here illegally who commits an additional crime and is charged for it is subject to deportation if the State's Attorney chooses to call ICE and report them.
A: It is possible for them to be deported for certain crimes.
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