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Theft suspect facing stiff penalty

PROSPECT — A candy bar could end up leaving a suspected shoplifter with indigestion.

That sweet and other items that totaled $2 is what state police say Nicholas A. Foster, 34, of Prospect stole Oct. 15 from the Prospect Corner Store on Main Street in the borough.

Because Foster already has two shoplifting convictions, he's charged with a felony for the alleged five-finger discount. State police last week obtained an arrest warrant for him.

Under Pennsylvania law, the value of the stolen merchandise and the offender's criminal history determines the grading for crimes of retail theft.

A first-time offender, if the value of the items stolen is less than $150, is charged with a summary. It's a misdemeanor if the offender already has a shoplifting conviction, or if the stolen items are valued between $150 and $2,000.

Retail theft is graded as a felony for someone with two or more prior convictions for shoplifting, regardless of the value of the stolen merchandise, or for a first-time offender accused of taking items valued at more than $2,000.

Court records showed that Foster was convicted of retail theft in 2008 and 2013.

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