I actually worked Asset Protection for Walmart many years ago. This was Illinois and every state can have their own laws. The majority of what we caught was just retail theft. However, sometimes people would run, fight, or steal a large amount, basically if they did something more than just trying to steal a DVD or something. In those cases occasionally the police would do more. I once stopped a group of teenagers that all fought and ran, the K9 unit came... They threw the book at them. But one of the things the police did is found that they had come to the store without money. Because of that the police suggested they had come to the store with the intent to steal so they actually increased the offense from retail theft to burglary. I'm sure all of that was plea bargained down, but it gave the DA more leverage at the plea bargain.

That's why I hesitate to say retail theft requires that intentionality. Maybe it's just a lesser form of intentionality? As in you didn't come to the store with the sole intention to steal (burglary in the previous example) but it was a crime of opportunity. That said at least way back when I was doing it, we weren't watching self checks for people making mistakes. We really didn't watch self checks at all unless we were already watching you for some other reason (probably swapping a price tag, those stickers on the foam coolers come off real easy and suddenly that computer rings up as a cooler). I imagine with the tech out there now they could have AI watch self checks. My guess for that is that they would wait until you've done it several times and can demonstrate a pattern and charge with felony retail theft after a higher dollar amount.

I'm no lawyer though, I haven't worked that role in 26 years, these are just guesses. I don't like using self checks because the shadow work, I'm not concerned about this legal issue.