§ 11-41-20 Shoplifting. – (a) For the purpose of this section:
(1) "Conceal" means to place merchandise in such a mannerthat it is not visible through ordinary observation.
(2) "Full retail value" means the merchant's stated price ofthe merchandise.
(3) "Merchandise" means any items of tangible personalproperty offered for sale within a retail mercantile establishment.
(4) "Merchant" means an owner or operator of any retailmercantile establishment or any agent, employee, lessee, officer, or directorof the owner or operator.
(5) "Premises of a retail mercantile establishment" includesthe retail mercantile establishment, and common use areas in shopping centers,and all parking areas set aside by a merchant or on behalf of a merchant forthe parking of vehicles for the convenience of the patrons of the retailmercantile establishment.
(6) "Retail mercantile establishment" means any place wheremerchandise is displayed, held, stored or offered for sale to the public.
(7) "Shopping cart" means those push carts of the type ortypes which are commonly provided by grocery stores, drug stores, or otherretail mercantile establishments for the use of the public in transportingcommodities on or from the premises of the retail mercantile establishment.
(b) Whoever shall engage in the following shall be guilty ofthe crime of shoplifting:
(1) Take possession of, carry away, transfer or cause to becarried away or transferred any merchandise displayed, held, stored, or offeredfor sale by a retail mercantile establishment with the intention of deprivingthe merchant of all or any part of the full retail value of the merchandise;
(2) Alter, transfer, or remove a label, price tag, marking,indicia of value or any other markings which aid in determining value affixedto any merchandise displayed, held, stored or offered for sale in a retailmercantile establishment and attempt to purchase or purchase the merchandisepersonally or in consort with another at less than the full retail value withthe intention of depriving the merchant of all or any part of the full retailvalue of such merchandise;
(3) Transfer any merchandise displayed, held, stored oroffered for sale in a retail mercantile establishment from one container toanother in an attempt to purchase or purchase the merchandise personally or inconsort with another at less than the full retail value with the intention ofdepriving the merchant of all or any part of the full retail value of themerchandise; or
(4) Remove a shopping cart from the premises of a retailmercantile establishment without the consent of the merchant given at the timeof the removal with the intention of depriving the merchant of the possession,use, or benefit of the cart.
(c) The fact that a person conceals upon his person, amonghis or her belongings, or upon the person or among the belongings of anothermerchandise displayed, held, stored or offered for sale in a retail mercantileestablishment, for which he or she has not paid the full retail value, and themerchandise has been taken beyond the area within the retail mercantileestablishment where payment for it is to be made, shall be prima facie evidencethat the person has possessed, carried away, or transferred the merchandisewith the intention of depriving the merchant of all or part of the full retailvalue of the merchandise without paying the full retail value of themerchandise.
(d) Any person convicted of the crime of shoplifting shall beguilty of a misdemeanor and shall be punished by a fine of not less than fiftydollars ($50.00) or two times the full retail value of the merchandise,whichever is greater, but not more than five hundred dollars ($500), or byimprisonment for not more than one year, or both; provided, any personconvicted of the crime of shoplifting merchandise with a retail value of overone hundred dollars ($100) who has previously been convicted of shopliftingshall be guilty of a felony and shall be punished by a fine of not more thanfive thousand dollars ($5,000), or by imprisonment of not more than five (5)years, or both.
§ 11-41-20 Shoplifting. – (a) For the purpose of this section:
(1) "Conceal" means to place merchandise in such a mannerthat it is not visible through ordinary observation.
(2) "Full retail value" means the merchant's stated price ofthe merchandise.
(3) "Merchandise" means any items of tangible personalproperty offered for sale within a retail mercantile establishment.
(4) "Merchant" means an owner or operator of any retailmercantile establishment or any agent, employee, lessee, officer, or directorof the owner or operator.
(5) "Premises of a retail mercantile establishment" includesthe retail mercantile establishment, and common use areas in shopping centers,and all parking areas set aside by a merchant or on behalf of a merchant forthe parking of vehicles for the convenience of the patrons of the retailmercantile establishment.
(6) "Retail mercantile establishment" means any place wheremerchandise is displayed, held, stored or offered for sale to the public.
(7) "Shopping cart" means those push carts of the type ortypes which are commonly provided by grocery stores, drug stores, or otherretail mercantile establishments for the use of the public in transportingcommodities on or from the premises of the retail mercantile establishment.
(b) Whoever shall engage in the following shall be guilty ofthe crime of shoplifting:
(1) Take possession of, carry away, transfer or cause to becarried away or transferred any merchandise displayed, held, stored, or offeredfor sale by a retail mercantile establishment with the intention of deprivingthe merchant of all or any part of the full retail value of the merchandise;
(2) Alter, transfer, or remove a label, price tag, marking,indicia of value or any other markings which aid in determining value affixedto any merchandise displayed, held, stored or offered for sale in a retailmercantile establishment and attempt to purchase or purchase the merchandisepersonally or in consort with another at less than the full retail value withthe intention of depriving the merchant of all or any part of the full retailvalue of such merchandise;
(3) Transfer any merchandise displayed, held, stored oroffered for sale in a retail mercantile establishment from one container toanother in an attempt to purchase or purchase the merchandise personally or inconsort with another at less than the full retail value with the intention ofdepriving the merchant of all or any part of the full retail value of themerchandise; or
(4) Remove a shopping cart from the premises of a retailmercantile establishment without the consent of the merchant given at the timeof the removal with the intention of depriving the merchant of the possession,use, or benefit of the cart.
(c) The fact that a person conceals upon his person, amonghis or her belongings, or upon the person or among the belongings of anothermerchandise displayed, held, stored or offered for sale in a retail mercantileestablishment, for which he or she has not paid the full retail value, and themerchandise has been taken beyond the area within the retail mercantileestablishment where payment for it is to be made, shall be prima facie evidencethat the person has possessed, carried away, or transferred the merchandisewith the intention of depriving the merchant of all or part of the full retailvalue of the merchandise without paying the full retail value of themerchandise.
(d) Any person convicted of the crime of shoplifting shall beguilty of a misdemeanor and shall be punished by a fine of not less than fiftydollars ($50.00) or two times the full retail value of the merchandise,whichever is greater, but not more than five hundred dollars ($500), or byimprisonment for not more than one year, or both; provided, any personconvicted of the crime of shoplifting merchandise with a retail value of overone hundred dollars ($100) who has previously been convicted of shopliftingshall be guilty of a felony and shall be punished by a fine of not more thanfive thousand dollars ($5,000), or by imprisonment of not more than five (5)years, or both.
§ 11-41-20 Shoplifting. – (a) For the purpose of this section:
(1) "Conceal" means to place merchandise in such a mannerthat it is not visible through ordinary observation.
(2) "Full retail value" means the merchant's stated price ofthe merchandise.
(3) "Merchandise" means any items of tangible personalproperty offered for sale within a retail mercantile establishment.
(4) "Merchant" means an owner or operator of any retailmercantile establishment or any agent, employee, lessee, officer, or directorof the owner or operator.
(5) "Premises of a retail mercantile establishment" includesthe retail mercantile establishment, and common use areas in shopping centers,and all parking areas set aside by a merchant or on behalf of a merchant forthe parking of vehicles for the convenience of the patrons of the retailmercantile establishment.
(6) "Retail mercantile establishment" means any place wheremerchandise is displayed, held, stored or offered for sale to the public.
(7) "Shopping cart" means those push carts of the type ortypes which are commonly provided by grocery stores, drug stores, or otherretail mercantile establishments for the use of the public in transportingcommodities on or from the premises of the retail mercantile establishment.
(b) Whoever shall engage in the following shall be guilty ofthe crime of shoplifting:
(1) Take possession of, carry away, transfer or cause to becarried away or transferred any merchandise displayed, held, stored, or offeredfor sale by a retail mercantile establishment with the intention of deprivingthe merchant of all or any part of the full retail value of the merchandise;
(2) Alter, transfer, or remove a label, price tag, marking,indicia of value or any other markings which aid in determining value affixedto any merchandise displayed, held, stored or offered for sale in a retailmercantile establishment and attempt to purchase or purchase the merchandisepersonally or in consort with another at less than the full retail value withthe intention of depriving the merchant of all or any part of the full retailvalue of such merchandise;
(3) Transfer any merchandise displayed, held, stored oroffered for sale in a retail mercantile establishment from one container toanother in an attempt to purchase or purchase the merchandise personally or inconsort with another at less than the full retail value with the intention ofdepriving the merchant of all or any part of the full retail value of themerchandise; or
(4) Remove a shopping cart from the premises of a retailmercantile establishment without the consent of the merchant given at the timeof the removal with the intention of depriving the merchant of the possession,use, or benefit of the cart.
(c) The fact that a person conceals upon his person, amonghis or her belongings, or upon the person or among the belongings of anothermerchandise displayed, held, stored or offered for sale in a retail mercantileestablishment, for which he or she has not paid the full retail value, and themerchandise has been taken beyond the area within the retail mercantileestablishment where payment for it is to be made, shall be prima facie evidencethat the person has possessed, carried away, or transferred the merchandisewith the intention of depriving the merchant of all or part of the full retailvalue of the merchandise without paying the full retail value of themerchandise.
(d) Any person convicted of the crime of shoplifting shall beguilty of a misdemeanor and shall be punished by a fine of not less than fiftydollars ($50.00) or two times the full retail value of the merchandise,whichever is greater, but not more than five hundred dollars ($500), or byimprisonment for not more than one year, or both; provided, any personconvicted of the crime of shoplifting merchandise with a retail value of overone hundred dollars ($100) who has previously been convicted of shopliftingshall be guilty of a felony and shall be punished by a fine of not more thanfive thousand dollars ($5,000), or by imprisonment of not more than five (5)years, or both.
