opinion

Brooklyn lawmaker suggests shoplifting ‘biological needs’ shouldn’t be a crime

State Assemblywoman Emily Gallagher suggested at a Manhattan press conference that shoplifters shouldn't face charges for stealing items like soap and toothpaste, citing 'biological need.' Critics warn of a slippery slope.

Brooklyn lawmaker suggests shoplifting 'biological needs' shouldn't be a crime

A Brooklyn socialist lawmaker has sparked controversy by suggesting that shoplifters should be able to swipe basic necessities without facing criminal charges, arguing that such items meet a “biological need” for those who take them.

State Assemblywoman Emily Gallagher made the remarks this week during a news conference outside Manhattan Criminal Court, where she was joined by fellow left-leaning politicians and criminal justice advocates, including members of Court Watch NYC, according to a report from American Thinker.

Gallagher’s comments — which strongly implied that shoplifting should be legalized for items like soap and toothpaste — have drawn sharp criticism from those who see the proposal as a dangerous expansion of what constitutes acceptable theft.

A ‘slippery slope’ from toiletries to TVs

Critics argue that the “biological need” category is inherently elastic. Once food and toiletries are exempted from theft laws, they contend, it won’t be long before the definition stretches to include luxury goods like big-screen televisions, designer handbags, and expensive sneakers.

“That is a slippery slope!” the American Thinker piece warns, noting that progressive categories have a tendency to expand rapidly once established.

The report also raises the possibility of individuals simply “identifying” as having urgent biological needs to justify theft — including the hypothetical example of someone claiming a biological need for a bottle of whiskey.

Broader concerns about criminal justice policy

The suggestion comes amid ongoing debates over criminal justice reforms such as cashless bail, defunding police, and prison abolition. Critics of these measures have frequently pointed to rising concerns about recidivism and public safety.

Gallagher’s remarks have been framed by opponents as part of a broader push to advocate for “justice involved” individuals — a term used by some reform advocates to describe those with criminal records.

“Everything. And all of us who did nothing would have aided and abetted this crime,” the commentary concludes, suggesting that inaction in the face of such proposals could have dire consequences.

The press conference and Gallagher’s statements have not been independently verified by this publication, and the lawmaker has not yet issued a public response to the criticism. As the debate continues, the question remains: where should the line be drawn between necessity and theft?

Source: www.americanthinker.com — https://www.americanthinker.com/blog/2026/08/brooklyn-socialist-suggests-crime-should-pay/

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