§708-833.5  Shoplifting.  A person
convicted of committing the offense of shoplifting as defined in section
708-830 shall be sentenced as follows:



(1)  In cases involving property the value or
aggregate value of which exceeds $300:  as a class C felony, provided that the
minimum fine shall be four times the value or aggregate value involved;



(2)  In cases involving property the value or
aggregate value of which exceeds $100:  as a misdemeanor, provided that the
minimum fine shall be three times the value or aggregate value involved;



(3)  In cases involving property the value or
aggregate value of which is $100 or less:  as a petty misdemeanor, provided
that the minimum fine shall be twice the value or aggregate value involved;



(4)  If a person has previously been convicted of
committing the offense of shoplifting as defined in section 708-830, the
minimum fine shall be doubled that specified in paragraphs (1), (2), and (3),
respectively, as set forth above; provided in the event the convicted person
defaults in payment of any fine, and the default was not contumacious, the
court may sentence the person to community services as authorized by section
706-605(1)(e). [L 1979, c 202, §2; am L 1982, c 233, §1; am L 1986, c 314, §67]



 



Cross References



 



  Civil liability for shoplifting, see §663A-2.



  Unauthorized removal of shopping carts, see §633-16.



 



COMMENTARY ON §708-833.5



 



  Act 202, Session Laws 1979, established this section to
provide minimum mandatory fines for shoplifting offenses, but has retained the
alternative of paying fines through court ordered public service work.  The
Legislature believed the public service work alternative preferable to the
establishment of a "debtor's prison".  Conference Committee Report
No. 72.



  Act 233, Session Laws 1982, doubled the fines on persons who
repeatedly shoplift.



  Act 314, Session Laws 1986, increased the dollar amounts of
the property involved in the offense of shoplifting.  With the increase, the
dollar amounts will more accurately reflect current property values and
consequently the offense will warrant the level of culpability intended when it
was originally drafted.  Senate Standing Committee Report No. 820-86.