§ 11-41-14.1 Concealment of book or otherproperty while on premises of library – Removal of book or other propertyfrom library. – (a) Whoever, without authority, with the intention of converting to his or herown or another's use, willfully conceals a book or other library property,while still on the premises of the library, or willfully or without authorityremoves any book or other library property from any of the libraries orcollections set forth in § 11-44-15, shall be deemed guilty of larceny,and upon, conviction, shall be punished as provided by § 11-41-5 and shallbe ordered to make restitution to the library in the full retail value of thebooks or library property.
(b) Any person reasonably believed to have committed or to becommitting the crime set forth in subsection (a) of this section shall besubject to detention by a police officer in accordance with § 12-7-1.
(c) Any employee or agent of a library, eighteen (18) yearsof age or older, who observes any person willfully concealing or attempting toconceal books or other library property on his or her person or amongst his orher belongings or upon the person or amongst the belongings of another, andleaving the premises with the books or other library property without firsthaving an employee or agent record the removal of the property, or injuring ordestroying books and other library property as set forth in § 11-44-15,may stop the person. Immediately upon stopping the person the library employeeshall identify himself or herself and state the reason for stopping the person.If after the initial confrontation with the person under suspicion, the libraryemployee has reasonable grounds to believe that at the time stopped the personwas committing or attempting to commit the crime of larceny as set forth inthis section or the misdemeanor set forth in § 11-44-15, the employee oragent may detain the person for a time sufficient to summon a police officer tothe library. In no case shall the detention be for a period of more thanone-half ( 1/2) hour. The detention must be accomplished in a reasonable mannerwithout unreasonable restraints or excessive force, and may take place only onthe premises of the library where the alleged crime occurred. Library premisesincludes the interior of a building, structure, or other enclosure in which alibrary facility is located, the exterior appurtenances to any building,structure, or enclosure, and the land on which the building, structure, orother enclosure is located. Any person so stopped by an employee or agent of alibrary shall promptly identify himself or herself by name and address. Onceplaced under detention, no other information shall be required of the personand no written and/or signed statement shall be elicited from him or her untila police officer has taken him or her into custody. The employee or agent mayhowever examine, for the purposes of ascertaining whether any book or otherlibrary property has been properly checked out by the person, the propertywhich the employee has reasonable grounds to believe were unlawfully taken inviolation of this chapter or injured or destroyed in violation of chapter 44 oftitle 11. Should the person detained refuse to surrender the item forexamination, a limited and reasonable search may be conducted. Only packages,shopping bags, handbags, or other property in the immediate possession of theperson detained, but not including any clothing worn by the person, may besearched.
(d) For the purposes of this chapter, "reasonable grounds"includes knowledge that a person has concealed or injured a book or otherlibrary property while on the premises or is leaving the premises with thelibrary property without having an employee of the library record the removalof the property from the premises.
(e) In detaining a person whom the employee or agent of thelibrary has reasonable grounds to believe is committing the crime of larcenyset forth in this chapter or the misdemeanor set forth in chapter 44 of title11, the employee or agent may use a reasonable amount of non-deadly force whenand only when that force is necessary to protect himself or herself or toprevent the escape of the person being detained or the loss of his or herproperty.
(f) In any civil action by a person detained under thesesections against the library or employee or agent of the library so detaininghim or her arising out of the detention, evidence that the defendant hadreasonable grounds to believe that the plaintiff was at the time in questioncommitting or attempting to commit the crime set forth in either section shallcreate a rebuttable presumption that the plaintiff was so committing orattempting to commit the crime.
§ 11-41-14.1 Concealment of book or otherproperty while on premises of library – Removal of book or other propertyfrom library. – (a) Whoever, without authority, with the intention of converting to his or herown or another's use, willfully conceals a book or other library property,while still on the premises of the library, or willfully or without authorityremoves any book or other library property from any of the libraries orcollections set forth in § 11-44-15, shall be deemed guilty of larceny,and upon, conviction, shall be punished as provided by § 11-41-5 and shallbe ordered to make restitution to the library in the full retail value of thebooks or library property.
(b) Any person reasonably believed to have committed or to becommitting the crime set forth in subsection (a) of this section shall besubject to detention by a police officer in accordance with § 12-7-1.
(c) Any employee or agent of a library, eighteen (18) yearsof age or older, who observes any person willfully concealing or attempting toconceal books or other library property on his or her person or amongst his orher belongings or upon the person or amongst the belongings of another, andleaving the premises with the books or other library property without firsthaving an employee or agent record the removal of the property, or injuring ordestroying books and other library property as set forth in § 11-44-15,may stop the person. Immediately upon stopping the person the library employeeshall identify himself or herself and state the reason for stopping the person.If after the initial confrontation with the person under suspicion, the libraryemployee has reasonable grounds to believe that at the time stopped the personwas committing or attempting to commit the crime of larceny as set forth inthis section or the misdemeanor set forth in § 11-44-15, the employee oragent may detain the person for a time sufficient to summon a police officer tothe library. In no case shall the detention be for a period of more thanone-half ( 1/2) hour. The detention must be accomplished in a reasonable mannerwithout unreasonable restraints or excessive force, and may take place only onthe premises of the library where the alleged crime occurred. Library premisesincludes the interior of a building, structure, or other enclosure in which alibrary facility is located, the exterior appurtenances to any building,structure, or enclosure, and the land on which the building, structure, orother enclosure is located. Any person so stopped by an employee or agent of alibrary shall promptly identify himself or herself by name and address. Onceplaced under detention, no other information shall be required of the personand no written and/or signed statement shall be elicited from him or her untila police officer has taken him or her into custody. The employee or agent mayhowever examine, for the purposes of ascertaining whether any book or otherlibrary property has been properly checked out by the person, the propertywhich the employee has reasonable grounds to believe were unlawfully taken inviolation of this chapter or injured or destroyed in violation of chapter 44 oftitle 11. Should the person detained refuse to surrender the item forexamination, a limited and reasonable search may be conducted. Only packages,shopping bags, handbags, or other property in the immediate possession of theperson detained, but not including any clothing worn by the person, may besearched.
(d) For the purposes of this chapter, "reasonable grounds"includes knowledge that a person has concealed or injured a book or otherlibrary property while on the premises or is leaving the premises with thelibrary property without having an employee of the library record the removalof the property from the premises.
(e) In detaining a person whom the employee or agent of thelibrary has reasonable grounds to believe is committing the crime of larcenyset forth in this chapter or the misdemeanor set forth in chapter 44 of title11, the employee or agent may use a reasonable amount of non-deadly force whenand only when that force is necessary to protect himself or herself or toprevent the escape of the person being detained or the loss of his or herproperty.
(f) In any civil action by a person detained under thesesections against the library or employee or agent of the library so detaininghim or her arising out of the detention, evidence that the defendant hadreasonable grounds to believe that the plaintiff was at the time in questioncommitting or attempting to commit the crime set forth in either section shallcreate a rebuttable presumption that the plaintiff was so committing orattempting to commit the crime.
§ 11-41-14.1 Concealment of book or otherproperty while on premises of library – Removal of book or other propertyfrom library. – (a) Whoever, without authority, with the intention of converting to his or herown or another's use, willfully conceals a book or other library property,while still on the premises of the library, or willfully or without authorityremoves any book or other library property from any of the libraries orcollections set forth in § 11-44-15, shall be deemed guilty of larceny,and upon, conviction, shall be punished as provided by § 11-41-5 and shallbe ordered to make restitution to the library in the full retail value of thebooks or library property.
(b) Any person reasonably believed to have committed or to becommitting the crime set forth in subsection (a) of this section shall besubject to detention by a police officer in accordance with § 12-7-1.
(c) Any employee or agent of a library, eighteen (18) yearsof age or older, who observes any person willfully concealing or attempting toconceal books or other library property on his or her person or amongst his orher belongings or upon the person or amongst the belongings of another, andleaving the premises with the books or other library property without firsthaving an employee or agent record the removal of the property, or injuring ordestroying books and other library property as set forth in § 11-44-15,may stop the person. Immediately upon stopping the person the library employeeshall identify himself or herself and state the reason for stopping the person.If after the initial confrontation with the person under suspicion, the libraryemployee has reasonable grounds to believe that at the time stopped the personwas committing or attempting to commit the crime of larceny as set forth inthis section or the misdemeanor set forth in § 11-44-15, the employee oragent may detain the person for a time sufficient to summon a police officer tothe library. In no case shall the detention be for a period of more thanone-half ( 1/2) hour. The detention must be accomplished in a reasonable mannerwithout unreasonable restraints or excessive force, and may take place only onthe premises of the library where the alleged crime occurred. Library premisesincludes the interior of a building, structure, or other enclosure in which alibrary facility is located, the exterior appurtenances to any building,structure, or enclosure, and the land on which the building, structure, orother enclosure is located. Any person so stopped by an employee or agent of alibrary shall promptly identify himself or herself by name and address. Onceplaced under detention, no other information shall be required of the personand no written and/or signed statement shall be elicited from him or her untila police officer has taken him or her into custody. The employee or agent mayhowever examine, for the purposes of ascertaining whether any book or otherlibrary property has been properly checked out by the person, the propertywhich the employee has reasonable grounds to believe were unlawfully taken inviolation of this chapter or injured or destroyed in violation of chapter 44 oftitle 11. Should the person detained refuse to surrender the item forexamination, a limited and reasonable search may be conducted. Only packages,shopping bags, handbags, or other property in the immediate possession of theperson detained, but not including any clothing worn by the person, may besearched.
(d) For the purposes of this chapter, "reasonable grounds"includes knowledge that a person has concealed or injured a book or otherlibrary property while on the premises or is leaving the premises with thelibrary property without having an employee of the library record the removalof the property from the premises.
(e) In detaining a person whom the employee or agent of thelibrary has reasonable grounds to believe is committing the crime of larcenyset forth in this chapter or the misdemeanor set forth in chapter 44 of title11, the employee or agent may use a reasonable amount of non-deadly force whenand only when that force is necessary to protect himself or herself or toprevent the escape of the person being detained or the loss of his or herproperty.
(f) In any civil action by a person detained under thesesections against the library or employee or agent of the library so detaininghim or her arising out of the detention, evidence that the defendant hadreasonable grounds to believe that the plaintiff was at the time in questioncommitting or attempting to commit the crime set forth in either section shallcreate a rebuttable presumption that the plaintiff was so committing orattempting to commit the crime.
