State Codes and Statutes
Statutes > Utah > Title-78b > Chapter-03 > 78b-3-10878B-3-108. Shoplifting -- Merchant's rights -- Civil liability for shoplifting by adultor minor -- Criminal conviction not a prerequisite for civil liability -- Written noticerequired for penalty demand.
(1) As used in this section:
(a) "Merchandise" has the same meaning as provided in Section 76-6-601.
(b) "Merchant" has the same meaning as provided in Section 76-6-601.
(c) "Minor" has the same meaning as provided in Section 76-6-601.
(d) "Premises" has the same meaning as "retail mercantile establishment" found inSection 76-6-601.
(e) "Wrongful taking of merchandise" has the same meaning as "retail theft" as describedin Section 76-6-602.
(2) A merchant may request an individual on his premises to place or keep in full viewany merchandise the individual may have removed, or which the merchant has reason to believethe individual may have removed, from its place of display or elsewhere, whether forexamination, purchase, or for any other reasonable purpose. The merchant may not be criminallyor civilly liable for having made the request.
(3) A merchant who has reason to believe that merchandise has been wrongfully taken byan individual and that the merchant can recover the merchandise by taking the individual intocustody and detaining the individual may, for the purpose of attempting to recover themerchandise or for the purpose of informing a peace officer of the circumstances of thedetention, take the individual into custody and detain the individual in a reasonable manner andfor a reasonable length of time. Neither the merchant nor the merchant's employee may becriminally or civilly liable for false arrest, false imprisonment, slander, or unlawful detention orfor any other type of claim or action unless the custody and detention are unreasonable under allthe circumstances.
(4) An adult who wrongfully takes merchandise is liable in a civil action, in addition toactual damages, for a penalty to the merchant in the amount of the retail price of the merchandisenot to exceed $1,000, plus an additional penalty as determined by the court of not less than $100nor more than $500, plus court costs and reasonable attorney fees.
(5) A minor who wrongfully takes merchandise and the minor's parents or legal guardianare jointly and severally liable in a civil action to the merchant for:
(a) actual damages;
(b) a penalty to the merchant in the amount of the retail price of the merchandise not toexceed $500 plus an additional penalty as determined by the court of not less than $50 nor morethan $500; and
(c) court costs and reasonable attorney fees.
(6) A parent or guardian is not liable for damages under this section if the parent orguardian made a reasonable effort to restrain the wrongful taking and reported it to the merchantinvolved or to the law enforcement agency having primary jurisdiction once the parent orguardian knew of the minor's unlawful act. A report is not required under this section if theminor was arrested or apprehended by a peace officer or by anyone acting on behalf of themerchant involved.
(7) A conviction in a criminal action of shoplifting is not a condition precedent to a civilaction authorized under Subsection (4) or (5).
(8) (a) A merchant demanding payment of a penalty under Subsection (4) or (5) shall
give written notice to the person or persons from whom the penalty is sought. The notice shallstate:
"IMPORTANT NOTICE: The payment of any penalty demanded of you does not preventcriminal prosecution under a related criminal provision."
(b) This notice shall be boldly and conspicuously displayed, in at least the same size typeas is used in the demand, and shall be sent with the demand for payment of the penalty describedin Subsection (4) or (5).
(9) The provision of Section 78B-8-201 requiring that compensatory or general damagesbe awarded in order to award punitive damages does not prohibit an award of a penalty underSubsection (4) or (5) whether or not restitution has been paid to the merchant either prior to or aspart of a civil action.
Enacted by Chapter 3, 2008 General Session
