13-1805

13-1805. Shoplifting; detaining suspect;
defense to wrongful detention; civil action by merchant; public
services; classification

A. A person commits shoplifting if, while in an establishment in which merchandise
is displayed for sale, the person knowingly obtains such goods of another with the intent
to deprive that person of such goods by:

1. Removing any of the goods from the immediate display or from any other place
within the establishment without paying the purchase price; or

2. Charging the purchase price of the goods to a fictitious person or any person
without that person's authority; or

3. Paying less than the purchase price of the goods by some trick or artifice such
as altering, removing, substituting or otherwise disfiguring any label, price tag or
marking; or

4. Transferring the goods from one container to another; or

5. Concealment.

B. A person is presumed to have the necessary culpable mental state pursuant to
subsection A of this section if the person does either of the following:

1. Knowingly conceals on himself or another person unpurchased merchandise of any
mercantile establishment while within the mercantile establishment.

2. Uses an artifice, instrument, container, device or other article to facilitate
the shoplifting.

C. A merchant, or a merchant's agent or employee, with reasonable cause, may detain
on the premises in a reasonable manner and for a reasonable time any person who is
suspected of shoplifting as prescribed in subsection A of this section for questioning or
summoning a law enforcement officer.

D. Reasonable cause is a defense to a civil or criminal action against a peace
officer, a merchant or an agent or employee of the merchant for false arrest, false or
unlawful imprisonment or wrongful detention.

E. If a minor engages in conduct that violates subsection A of this section,
notwithstanding the fact that the minor may not be held responsible because of the
person's minority, any merchant who is injured by the shoplifting of the minor may bring
a civil action against the parent or legal guardian of the minor under either section
12-661 or 12-692.

F. Any merchant who is injured by the shoplifting of an adult or emancipated minor
in violation of subsection A of this section may bring a civil action against the adult
or emancipated minor pursuant to section 12-691.

G. In imposing sentence on a person who is convicted of violating this section, the
court may require any person to perform public services designated by the court in
addition to or in lieu of any fine that the court might impose.

H. Shoplifting property with a value of two thousand dollars or more, shoplifting
property during any continuing criminal episode or shoplifting property if done to
promote, further or assist any criminal street gang or criminal syndicate is a class 5
felony. Shoplifting property with a value of one thousand dollars or more but less than
two thousand dollars is a class 6 felony. Shoplifting property valued at less than one
thousand dollars is a class 1 misdemeanor, unless the property is a firearm in which case
the shoplifting is a class 6 felony. For the purposes of this subsection, "continuing
criminal episode" means theft of property with a value of one thousand five hundred
dollars or more if committed during at least three separate incidences within a period of
ninety consecutive days.

I. A person who in the course of shoplifting uses an artifice, instrument,
container, device or other article with the intent to facilitate shoplifting or who
commits shoplifting and who has previously committed or been convicted within the past
five years of two or more offenses involving burglary, shoplifting, robbery, organized
retail theft or theft is guilty of a class 4 felony.