What is the possible penalty?
I once found myself in a similar situation and although the store manager decided not to take me to court, he denied me access to Apple Stores "across the world and for life time"! Is a store manager allowed to do this?
1. In California it was not uncommon for a merchant to ban a shoplifter who they did not prosecute. I know a large electronic and grocery chain that would agree to not pursue charges if the suspected shoplifter signed an agreement acknowledging a mere return to any of their stores would constitute trespassing.
2. I've paid for several products via the Apple Store app and made certain I had the confirmation before even moving toward the door. I prefer to pay this way any time I can. When an Apple employee first showed this payment method to me I asked how they detect shoplifters and other than saying each item paid for is transmitted to all Apple store employees his answer was pretty vague. It made me conclude they had some electronic means to track a product within the store and confirm if it was paid for via the app.
3. As far as I'm concerned in this case, I don't know if the kid may have made a mistake or intended to shoplift. He may have been testing out the Apple system to see what he could get away with and if caught have plausible deniability. The local prosecutor will need to feel the case can be proven beyond reasonable doubt and the kid will have his day in court if charges are filed. We don't know the whole story why Apple felt this wasn't a mistake. I'm glad he was caught and doubt this does little damage to Apple's reputation as moreover it sends a clear message that Apple is aggressively monitoring for shoplifting and that alone reduces the number of thefts and attempted thefts.