CHAPTER 6. DETENTION OF SHOPLIFTERS BY OWNER OR AGENT

IC 35-33-6
    Chapter 6. Detention of Shoplifters by Owner or Agent

IC 35-33-6-1
Definitions
    Sec. 1. As used in this chapter:
    "Adult employee" means an employee who is eighteen (18) yearsold or older.
    "Agent" means an operator, a manager, an adult employee, or asecurity agent employed by a store.
    "Motion picture exhibition facility" has the meaning set forth inIC 35-46-8-3.
    "Security agent" means a person who has been employed by astore to prevent the loss of property due to theft.
    "Store" means a place of business where property or service withrespect to property is displayed, rented, sold, or offered for sale.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005,SEC.1.

IC 35-33-6-2
Probable cause; detention; procedure; statements by juveniles
    Sec. 2. (a) An owner or agent of a store who has probable causeto believe that a theft has occurred or is occurring on or about thestore and who has probable cause to believe that a specific personhas committed or is committing the theft:
        (1) may:
            (A) detain the person and request the person to identifyhimself or herself;
            (B) verify the identification;
            (C) determine whether the person has in the person'spossession unpurchased merchandise taken from the store;
            (D) inform the appropriate law enforcement officers; and
            (E) inform the person's parents or others interested in theperson's welfare that the person has been detained; but
        (2) shall not ask the person to make a statement thatacknowledges that the person committed the theft or conversionor waives any of the person's legal rights if:
            (A) the person is less than eighteen (18) years of age; and
            (B) the person has not been afforded an opportunity to havea meaningful consultation with his or her parent, guardian,custodian, or guardian ad litem.
    (b) A statement acknowledging that a child committed theft orconversion in violation of subdivision (a)(2) cannot be admitted asevidence against the child on the issue of whether the childcommitted a delinquent act or a crime.
    (c) The detention must:
        (1) be reasonable and last only for a reasonable time; and
        (2) not extend beyond the arrival of a law enforcement officeror two (2) hours, whichever first occurs.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982,

P.L.204, SEC.11; P.L.77-2009, SEC.6.

IC 35-33-6-2.5
Detention of person making unlawful recording
    Sec. 2.5. (a) An owner or agent of a motion picture exhibitionfacility who has probable cause to believe that an unlawful recordingunder IC 35-46-8 has occurred or is occurring in the motion pictureexhibition facility and who has probable cause to believe that aspecific person has committed or is committing the unlawfulrecording may:
        (1) detain the person and request the person to provideidentification;
        (2) verify the identification;
        (3) determine whether the person possesses at the time ofdetention an audiovisual recording device (as defined inIC 35-46-8-2);
        (4) confiscate any unauthorized copies of a motion picture oranother audiovisual work; and
        (5) inform the appropriate law enforcement officer or agencythat the person is being detained.
    (b) Detention under subsection (a):
        (1) must:
            (A) be reasonable; and
            (B) last only for a reasonable time; and
        (2) may not extend beyond the arrival of a law enforcementofficer or two (2) hours, whichever occurs first.
As added by P.L.94-2005, SEC.2.

IC 35-33-6-3
Placement of information before law enforcement officer;presumption
    Sec. 3. An owner or agent of a store or motion picture exhibitionfacility who informs a law enforcement officer of the circumstantialbasis for detention and any additional relevant facts shall bepresumed to be placing information before the law enforcementofficer. The placing of this information does not constitute a chargeof crime.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005,SEC.3.

IC 35-33-6-4
Civil or criminal actions; exclusion of lawful detention; burden ofproof
    Sec. 4. A civil or criminal action against:
        (1) an owner or agent of a store or motion picture exhibitionfacility; or
        (2) a law enforcement officer;
may not be based on a detention that was lawful under section 2 or2.5 of this chapter. However, the defendant has the burden of proofthat the defendant acted with probable cause under section 2 or 2.5

of this chapter.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005,SEC.4.

IC 35-33-6-5
Reliance on information from employee; probable cause
    Sec. 5. An owner or agent of a store may act in the mannerpermitted by section 2 of this chapter on information received fromany employee of the store, if that employee has probable cause tobelieve that a:
        (1) theft has occurred or is occurring in or about the store; and
        (2) specific person has committed or is committing the theft.
As added by Acts 1981, P.L.298, SEC.2.

IC 35-33-6-6
Reliance on information from employee of motion pictureexhibition facility
    Sec. 6. An owner or agent of a motion picture exhibition facilitymay act in the manner allowed by section 2.5 of this chapter oninformation received from an employee of the motion pictureexhibition facility if the employee has probable cause to believe that:
        (1) an unlawful recording under IC 35-46-8 has occurred or isoccurring in the motion picture exhibition facility; and
        (2) a specific person has committed or is committing theunlawful recording.
As added by P.L.94-2005, SEC.5.