A homeless man in Pennsylvania is facing the prospect of 7 years in prison for failing to pay 43 cents for a bottle of Mountain Dew.
Joseph Sobolewski, 38, was in Perry County when he paid $2 for Mountain Dew. The advertised price for two bottles was $3. He then walked out.
However, apparently unbeknownst to Sobolewski, the price for a single bottle of the beverage was $2.29 plus tax, meaning he was 43 cents short of the fee, reports PennLive.
The police were called by the store who arrested Sobolewski and charged the homeless man under the state’s “three strikes law” for retail theft.
Sobolewski was arrested in 2001 for a theft, and again in 2011, for stealing shoes.
Sobolewski could be sentenced to jail for a debt of 43 cents under the three strikes law.
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Sobolewski’s bail was initially posted at $50,000 but, on appeal by his public defender, was later changed to “unsecured” meaning he was able to be released without providing the money to the court.
The charges may be dropped as there is no proof that the accused intended to commit a crime.
A felony conviction in Pennsylvania can be based on the three strikes law. This law is controversial because it affects people who live in poverty, are suffering from mental illness, and those with addiction.
Nyssa Taylor, criminal justice policy counsel for the ACLU of Pennsylvania, told York Daily Record: “It’s unnecessary. This isn’t benefiting public safety. People do not need to be incarcerated for seven years from taking small amounts from stores.”