Hugo v. City of Fairbanks

Facts

On December 18, 1981, Hugo, an elderly woman, went to a Fairbanks shopping mall to shop for Christmas presents. She was watched by store security agent Mary Clarke. Clarke testified that Hugo placed two pairs of suede gloves and four pairs of boys’ socks in her paper sack. Hugo then went to another aisle and gabbed a plastic shopping bag. She took it to the pharmacy checkout stand where she paid for the bag. Hugo then put the paper sack and its contents (shoes, gloves, and socks) in the plastic bag. She did not pay for the gloves and socks when she paid for the plastic shopping bag. Hugo then returned to the aisle where she had been before and removed two more pairs of gloves which she then placed in the tote bag.

Hugo left the store and stopped by a refreshment stand nearby but outside of the store. Clarke apprehended Hugo. She was charged with shoplifting in violation of Fairbanks General Code Ordinance § 6.303(a). At trial, Hugo testified that she knew she had the unpurchased socks and gloves when she left the store but that she was thirsty and wanted to buy a Coke and then resume shopping. She was taking medication at the time that made her thirsty.

The trial court could not determine whether she had intended to return to the store to pay for the property. However, the trial court concluded that Hugo violated the ordinance by leaving the store without intending to pay for the items before exiting the store, and her intent to permanently deprive the store was immaterial. She was found guilty. She appealed, arguing that her conviction requires intent to permanently deprive an owner of property.