At least under CA law they do have to prove intent for shoplifting.
>Shoplifting is defined as entering a commercial establishment with an intent to commit larceny while it's open during regular business hours and the value of the property taken, or intended to be taken, is $950 or less. Any other entry into a commercial business with intent to commit larceny is burglary.
>Shoplifting is defined as entering a commercial establishment with an intent to commit larceny while it's open during regular business hours and the value of the property taken, or intended to be taken, is $950 or less. Any other entry into a commercial business with intent to commit larceny is burglary.