Laws Lawyers Find Laws Legal Forms State Laws Bills

NORTH DAKOTA STATUTES AND CODES

51-21 Retail Theft Act

Listen
Download pdfLoading PDF...var pdf_url = 'http://law.justia.com/codes/north-dakota/2009/t51/pdf/t51c21.pdf';$(document).ready(function() {var embedwindow = $("#embed_document");if ($.browser.msie){embedwindow.html('');} else {embedwindow.html('');}});CHAPTER 51-21RETAIL THEFT ACT51-21-01. Definitions. As used in this chapter, unless the context requires otherwise:1.An item is "concealed" within the meaning of this chapter if, even though there issome notice of its presence, the item itself is not visible through ordinaryobservation.2."Full retail value" means the merchant's stated or advertised price of themerchandise.3."Merchandise" means any item of tangible personal property and specificallyincludes shopping carts.4."Merchant" means an owner or operator of any retail mercantile establishment orany agent, employee, lessee, consignee, officer, franchisee, or independentcontractor or such owner or operator.5."Person" means any natural person or individual.6."Premises of a retail mercantile establishment" includes, but is not limited to, theretail mercantile establishment, any common-use areas in shopping centers, and allparking areas set aside by a merchant, or on behalf of a merchant, for the parking ofvehicles for the convenience of the patrons of said retail mercantile establishment.7."Retail mercantile establishment" means any place where merchandise is displayed,held, offered, or stored for sale to the public.8."Shopping cart" means those pushcarts of the type or types which are commonlyprovided by grocery stores, drugstores, or other retail mercantile establishments forthe use of the public in transporting commodities in stores and markets and,incidentally, from the stores to a place outside the store.51-21-02. Presumption. Any person concealing upon that person's person or amongthat person's belongings, or causing to be concealed upon the person or among the belongingsof another, unpurchased merchandise displayed, held, offered, or stored for sale in a retailmercantile establishment and removing it to a point beyond the last station for receivingpayments in that retail mercantile establishment shall be prima facie presumed to have soconcealed such merchandise with the intention of permanently depriving the merchant ofpossession or of the full retail value of such merchandise.51-21-03.Detention of suspect - Procedure.Any peace officer or merchant whoreasonably believes that a person has committed, or is in the process of committing, theft maydetain such person, on or off the premises of a retail mercantile establishment, in a reasonablemanner and for a reasonable length of time for all or any of the following purposes:1.To require the person to identify oneself.2.To verify such identification.3.To determine whether such person has in the person's possession unpurchasedmerchandise and, if so, to recover such merchandise.4.To inform a peace officer of the detention of the person and surrender custody ofthat person to a peace officer.Page No. 15.In the case of a minor, to inform a peace officer, the parents, guardian, or otherprivate person interested in the welfare of that minor of this detention and tosurrender custody of said minor to the person informed.51-21-04. Civil and criminal immunity for acts of detention. Any peace officer ormerchant who detains any person as permitted under section 51-21-03 may not be held civilly orcriminally liable for any claim for relief allegedly arising from such detention.51-21-05. Civil remedy against adult shoplifters or the parent of a minor shoplifter.An adult who commits the offense of theft from a merchant is civilly liable to the merchant for theretail value of the merchandise, plus exemplary damages of not more than two hundred fiftydollars, costs of suit, and reasonable attorney's fees.The parent or legal guardian of anunemancipated minor who while living with the parent or legal guardian commits the offense oftheft from a merchant is civilly liable to the merchant for the retail value of the merchandise, plusexemplary damages of not more than two hundred fifty dollars, costs of suit, and reasonableattorney's fees. A conviction or plea of guilty for the theft is not a prerequisite to the bringing of asuit hereunder. A parent or legal guardian of an unemancipated minor is not civilly liable underthis section if it is determined by the court that one of the principal rationales for the shopliftingwas a desire on the part of the minor to cause the minor's parent or legal guardian to be liableunder this section.Page No. 2Document Outlinechapter 51-21 retail theft act
Loading...
  • Play
  • Pause
  • Volume:
  • Mute
  • Half
  • Max
  • Download pdf
    Loading PDF...


    CHAPTER 51-21RETAIL THEFT ACT51-21-01. Definitions. As used in this chapter, unless the context requires otherwise:1.An item is "concealed" within the meaning of this chapter if, even though there is
    some notice of its presence, the item itself is not visible through ordinary
    observation.2."Full retail value" means the merchant's stated or advertised price of the
    merchandise.3."Merchandise" means any item of tangible personal property and specifically
    includes shopping carts.4."Merchant" means an owner or operator of any retail mercantile establishment or
    any agent, employee, lessee, consignee, officer, franchisee, or independent
    contractor or such owner or operator.5."Person" means any natural person or individual.6."Premises of a retail mercantile establishment" includes, but is not limited to, the
    retail mercantile establishment, any common-use areas in shopping centers, and all
    parking areas set aside by a merchant, or on behalf of a merchant, for the parking of
    vehicles for the convenience of the patrons of said retail mercantile establishment.7."Retail mercantile establishment" means any place where merchandise is displayed,
    held, offered, or stored for sale to the public.8."Shopping cart" means those pushcarts of the type or types which are commonly
    provided by grocery stores, drugstores, or other retail mercantile establishments for
    the use of the public in transporting commodities in stores and markets and,
    incidentally, from the stores to a place outside the store.51-21-02. Presumption. Any person concealing upon that person's person or amongthat person's belongings, or causing to be concealed upon the person or among the belongings
    of another, unpurchased merchandise displayed, held, offered, or stored for sale in a retail
    mercantile establishment and removing it to a point beyond the last station for receiving
    payments in that retail mercantile establishment shall be prima facie presumed to have so
    concealed such merchandise with the intention of permanently depriving the merchant of
    possession or of the full retail value of such merchandise.51-21-03.Detention of suspect - Procedure.Any peace officer or merchant whoreasonably believes that a person has committed, or is in the process of committing, theft may
    detain such person, on or off the premises of a retail mercantile establishment, in a reasonable
    manner and for a reasonable length of time for all or any of the following purposes:1.To require the person to identify oneself.2.To verify such identification.3.To determine whether such person has in the person's possession unpurchased
    merchandise and, if so, to recover such merchandise.4.To inform a peace officer of the detention of the person and surrender custody of
    that person to a peace officer.Page No. 15.In the case of a minor, to inform a peace officer, the parents, guardian, or other
    private person interested in the welfare of that minor of this detention and to
    surrender custody of said minor to the person informed.51-21-04. Civil and criminal immunity for acts of detention. Any peace officer ormerchant who detains any person as permitted under section 51-21-03 may not be held civilly or
    criminally liable for any claim for relief allegedly arising from such detention.51-21-05. Civil remedy against adult shoplifters or the parent of a minor shoplifter.An adult who commits the offense of theft from a merchant is civilly liable to the merchant for the
    retail value of the merchandise, plus exemplary damages of not more than two hundred fifty
    dollars, costs of suit, and reasonable attorney's fees.The parent or legal guardian of anunemancipated minor who while living with the parent or legal guardian commits the offense of
    theft from a merchant is civilly liable to the merchant for the retail value of the merchandise, plus
    exemplary damages of not more than two hundred fifty dollars, costs of suit, and reasonable
    attorney's fees. A conviction or plea of guilty for the theft is not a prerequisite to the bringing of a
    suit hereunder. A parent or legal guardian of an unemancipated minor is not civilly liable under
    this section if it is determined by the court that one of the principal rationales for the shoplifting
    was a desire on the part of the minor to cause the minor's parent or legal guardian to be liable
    under this section.Page No. 2Document Outlinechapter 51-21 retail theft act

    North Dakota Forms by Issue

    North Dakota Court Forms
    >

    North Dakota Law

    North Dakota State Laws
        > North Dakota Child Support
        > North Dakota Gun Laws
        > North Dakota Statute
    North Dakota Tax
        > North Dakota State Tax

    North Dakota Court Map

    Tips