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NY Assemblywoman Says Stealing Soap and Toothpaste Can Reflect a 'Biological Need'

Her argument for treating low-value theft as poverty-driven has drawn sharp bipartisan criticism, put focus on diversion programs, retail security, recent NYPD data showing declines in theft.

Overview

  • Gallagher made the comments at a news conference outside Manhattan Criminal Court on Thursday after Court Watch NYC said it observed hundreds of arraignments and many misdemeanor cases.
  • She argued people who take basic personal-care items often do so from need and called for treatment or diversion instead of arrest or jail.
  • Elected officials from both parties and commentators quickly condemned her phrasing, saying poverty can explain crimes but is not a blanket excuse and warning the remarks could be politically damaging to Democrats.
  • Legal experts noted petit larceny (theft under $1,000) is generally not bail-eligible in New York and that first-time low-value shoplifting is often handled with desk appearance tickets, diversion or dismissal rather than jail.
  • Retailers have responded to theft concerns by locking personal-care items and citing losses, while NYPD data through early August show year-over-year drops in retail theft and petit larceny, leaving no new enforcement policy or law changes reported so far.