Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3331.Civil penalty against shoplifter; parentalliability for minor; amount; attorney fees andcosts; demand for reimbursement; other remedies not precluded.(a) Except as otherwise provided,a merchant may file a civilaction to recover a civil penalty against any person whoshoplifts fromthat merchant. If the merchantdoes not recover the merchandise in merchantable condition, the merchant shallbe entitled to a civil penaltyfor an amount equal to twice the retail cost of the merchandise, or$50, whichever is greater, but in no case shall such civil penalty be more than$500.If the merchant recovers themerchandise in merchantable condition, the merchant shall be entitled to acivil penaltyof $50 or 50% of the retail cost of the merchandise, whichever is greater, butin no case shall such civil penalty be morethan $350.
(b) Except as provided further, if the person who shoplifts is anunemancipated minor, the parent ofsuchminor, shall be civilly liablepursuant to a civil action filed as authorized in subsection (a)in an amount of the civil penalty as prescribedin subsection (a). If the merchant recovers the merchandise in merchantablecondition, the civil penalty against the parent, as provided in thissubsection, shall be $50.
(c) Unless the action is brought pursuant to the Kansas small claims actanda final judgment is rendered in small claims court, the prevailing party insuch action brought pursuant to this section shall be entitled to reasonableattorney fees and costs. If the action is brought in smallclaims court and the judgment is appealed to district court pursuant to chapter60 of the Kansas Statutes Annotated or K.S.A.61-2709 and amendments thereto, the prevailing party on appeal shall beentitled to reasonable attorney fees and costs.
(d) A conviction or a plea of guilty tothe offense of theft which would constitute shoplifting or an adjudicationas a juvenile offender or an adjudication asachild in need of care for committing an offense while a juvenile which ifcommitted by an adult would constitute the commission of the offense of theftwhich would constitute shopliftingis not a prerequisite to the filing of a civil action under thissection.
(e) Prior to filing a civil action under this section, amerchant damaged byshoplifting shall demand that an individual alleged to becivillyliable under this act reimburse such merchantin an amount of the civil penalty as prescribed in subsection (a).Such demand shall be in writing and offered in consideration forthemerchant'sagreement not to commence a civil action under this section. Such demand shallnot contain a threat of criminal prosecutionagainst such individual. Any merchant who makes a demand with a threat ofcriminal prosecution against such individualshall be precluded from filing a civil action under this section and pursuingany other remedy at law or equity. A demand pursuant to this subsection shallbea prerequisite tofiling a civil action under this section, but no demand may be made whichdoes not comply with this subsection.
(f) Nothing contained in this act shall be construed topreclude a merchantfrom pursuing any other remedy at law or equity prior to filing an actionunder this act.
(g) For purposes of this act,"shoplift" means any one or more of the following acts committed by aperson without the consent of the merchant and with the intent of appropriatingmerchandise to that person's or another's own use without payment, obtainingmerchandise at less than its stated sales price or otherwise depriving amerchant of all or any part of the value or use of merchandise:
(1) Removingany merchandise from the premises of the merchant's establishment;
(2) concealing any merchandise with intent to leave the premises with themerchandise;
(3) substituting, altering, removing ordisfiguring any label or price tag;
(4) transferring any merchandise from acontainer in which that merchandise is displayed or packaged to any othercontainer; or
(5) disarming any alarm tag attached to any merchandise.
(h) A civil penalty, claim or judgment under the provisions of thissectionshall not constitute an obligation or liability against any insurer orthird-party payor.
History: L. 1993, ch. 98, § 1;L. 2002, ch. 156, § 1; July 1.
Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3331.Civil penalty against shoplifter; parentalliability for minor; amount; attorney fees andcosts; demand for reimbursement; other remedies not precluded.(a) Except as otherwise provided,a merchant may file a civilaction to recover a civil penalty against any person whoshoplifts fromthat merchant. If the merchantdoes not recover the merchandise in merchantable condition, the merchant shallbe entitled to a civil penaltyfor an amount equal to twice the retail cost of the merchandise, or$50, whichever is greater, but in no case shall such civil penalty be more than$500.If the merchant recovers themerchandise in merchantable condition, the merchant shall be entitled to acivil penaltyof $50 or 50% of the retail cost of the merchandise, whichever is greater, butin no case shall such civil penalty be morethan $350.
(b) Except as provided further, if the person who shoplifts is anunemancipated minor, the parent ofsuchminor, shall be civilly liablepursuant to a civil action filed as authorized in subsection (a)in an amount of the civil penalty as prescribedin subsection (a). If the merchant recovers the merchandise in merchantablecondition, the civil penalty against the parent, as provided in thissubsection, shall be $50.
(c) Unless the action is brought pursuant to the Kansas small claims actanda final judgment is rendered in small claims court, the prevailing party insuch action brought pursuant to this section shall be entitled to reasonableattorney fees and costs. If the action is brought in smallclaims court and the judgment is appealed to district court pursuant to chapter60 of the Kansas Statutes Annotated or K.S.A.61-2709 and amendments thereto, the prevailing party on appeal shall beentitled to reasonable attorney fees and costs.
(d) A conviction or a plea of guilty tothe offense of theft which would constitute shoplifting or an adjudicationas a juvenile offender or an adjudication asachild in need of care for committing an offense while a juvenile which ifcommitted by an adult would constitute the commission of the offense of theftwhich would constitute shopliftingis not a prerequisite to the filing of a civil action under thissection.
(e) Prior to filing a civil action under this section, amerchant damaged byshoplifting shall demand that an individual alleged to becivillyliable under this act reimburse such merchantin an amount of the civil penalty as prescribed in subsection (a).Such demand shall be in writing and offered in consideration forthemerchant'sagreement not to commence a civil action under this section. Such demand shallnot contain a threat of criminal prosecutionagainst such individual. Any merchant who makes a demand with a threat ofcriminal prosecution against such individualshall be precluded from filing a civil action under this section and pursuingany other remedy at law or equity. A demand pursuant to this subsection shallbea prerequisite tofiling a civil action under this section, but no demand may be made whichdoes not comply with this subsection.
(f) Nothing contained in this act shall be construed topreclude a merchantfrom pursuing any other remedy at law or equity prior to filing an actionunder this act.
(g) For purposes of this act,"shoplift" means any one or more of the following acts committed by aperson without the consent of the merchant and with the intent of appropriatingmerchandise to that person's or another's own use without payment, obtainingmerchandise at less than its stated sales price or otherwise depriving amerchant of all or any part of the value or use of merchandise:
(1) Removingany merchandise from the premises of the merchant's establishment;
(2) concealing any merchandise with intent to leave the premises with themerchandise;
(3) substituting, altering, removing ordisfiguring any label or price tag;
(4) transferring any merchandise from acontainer in which that merchandise is displayed or packaged to any othercontainer; or
(5) disarming any alarm tag attached to any merchandise.
(h) A civil penalty, claim or judgment under the provisions of thissectionshall not constitute an obligation or liability against any insurer orthird-party payor.
History: L. 1993, ch. 98, § 1;L. 2002, ch. 156, § 1; July 1.
Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3331.Civil penalty against shoplifter; parentalliability for minor; amount; attorney fees andcosts; demand for reimbursement; other remedies not precluded.(a) Except as otherwise provided,a merchant may file a civilaction to recover a civil penalty against any person whoshoplifts fromthat merchant. If the merchantdoes not recover the merchandise in merchantable condition, the merchant shallbe entitled to a civil penaltyfor an amount equal to twice the retail cost of the merchandise, or$50, whichever is greater, but in no case shall such civil penalty be more than$500.If the merchant recovers themerchandise in merchantable condition, the merchant shall be entitled to acivil penaltyof $50 or 50% of the retail cost of the merchandise, whichever is greater, butin no case shall such civil penalty be morethan $350.
(b) Except as provided further, if the person who shoplifts is anunemancipated minor, the parent ofsuchminor, shall be civilly liablepursuant to a civil action filed as authorized in subsection (a)in an amount of the civil penalty as prescribedin subsection (a). If the merchant recovers the merchandise in merchantablecondition, the civil penalty against the parent, as provided in thissubsection, shall be $50.
(c) Unless the action is brought pursuant to the Kansas small claims actanda final judgment is rendered in small claims court, the prevailing party insuch action brought pursuant to this section shall be entitled to reasonableattorney fees and costs. If the action is brought in smallclaims court and the judgment is appealed to district court pursuant to chapter60 of the Kansas Statutes Annotated or K.S.A.61-2709 and amendments thereto, the prevailing party on appeal shall beentitled to reasonable attorney fees and costs.
(d) A conviction or a plea of guilty tothe offense of theft which would constitute shoplifting or an adjudicationas a juvenile offender or an adjudication asachild in need of care for committing an offense while a juvenile which ifcommitted by an adult would constitute the commission of the offense of theftwhich would constitute shopliftingis not a prerequisite to the filing of a civil action under thissection.
(e) Prior to filing a civil action under this section, amerchant damaged byshoplifting shall demand that an individual alleged to becivillyliable under this act reimburse such merchantin an amount of the civil penalty as prescribed in subsection (a).Such demand shall be in writing and offered in consideration forthemerchant'sagreement not to commence a civil action under this section. Such demand shallnot contain a threat of criminal prosecutionagainst such individual. Any merchant who makes a demand with a threat ofcriminal prosecution against such individualshall be precluded from filing a civil action under this section and pursuingany other remedy at law or equity. A demand pursuant to this subsection shallbea prerequisite tofiling a civil action under this section, but no demand may be made whichdoes not comply with this subsection.
(f) Nothing contained in this act shall be construed topreclude a merchantfrom pursuing any other remedy at law or equity prior to filing an actionunder this act.
(g) For purposes of this act,"shoplift" means any one or more of the following acts committed by aperson without the consent of the merchant and with the intent of appropriatingmerchandise to that person's or another's own use without payment, obtainingmerchandise at less than its stated sales price or otherwise depriving amerchant of all or any part of the value or use of merchandise:
(1) Removingany merchandise from the premises of the merchant's establishment;
(2) concealing any merchandise with intent to leave the premises with themerchandise;
(3) substituting, altering, removing ordisfiguring any label or price tag;
(4) transferring any merchandise from acontainer in which that merchandise is displayed or packaged to any othercontainer; or
(5) disarming any alarm tag attached to any merchandise.
(h) A civil penalty, claim or judgment under the provisions of thissectionshall not constitute an obligation or liability against any insurer orthird-party payor.
History: L. 1993, ch. 98, § 1;L. 2002, ch. 156, § 1; July 1.
