§ 8.01-44.4. Action for shoplifting and employee theft.
A. A merchant may recover a civil judgment against any adult or emancipatedminor who shoplifts from that merchant for two times the unpaid retail valueof the merchandise, but in no event an amount less than $50. However, if themerchant recovers the merchandise in merchantable condition, he shall beentitled to liquidated damages of no more than $350.
B. A merchant may recover a civil judgment against any person who commitsemployee theft for two times the unpaid retail value of the merchandise, butin no event an amount less than $50. However, if the merchant recovers themerchandise in merchantable condition, he shall be entitled to liquidateddamages of no more than $350.
C. The prevailing party in any action brought pursuant to this section shallbe entitled to reasonable attorneys' fees and costs not to exceed $150.
D. A conviction of or a plea of guilty to a violation of any other statute isnot a prerequisite to commencement of a civil action pursuant to this sectionor enforcement of a judgment. No action may be initiated under this sectionif any criminal action has been initiated against the perpetrator for thealleged offense under § 18.2-95, 18.2-96, 18.2-102.1, or 18.2-103 or anyother criminal offense defined under subsection F. However, nothing hereinshall preclude a merchant from nonsuiting the civil action brought pursuantto this section and proceeding criminally under § 18.2-95, 18.2-96,18.2-102.1, or 18.2-103 or any other criminal offense defined undersubsection F.
E. Prior to the commencement of any action under this section, a merchant maydemand, in writing, that an individual who may be civilly liable under thissection make appropriate payment to the merchant in consideration for themerchant's agreement not to commence any legal action under this section.
F. For purposes of this section:
"Employee theft" means the removal of any merchandise or cash from thepremises of the merchant's establishment or the concealment of anymerchandise or cash by a person employed by a merchant without the consent ofthe merchant and with the purpose or intent of appropriating the merchandiseor cash to the employee's own or another's use without full payment.
"Shoplift" means any one or more of the following acts committed by aperson without the consent of the merchant and with the purpose or intent ofappropriating merchandise to that person's own or another's use withoutpayment, obtaining merchandise at less than its stated sales price, orotherwise depriving a merchant of all or any part of the value or use ofmerchandise: (i) removing any merchandise from the premises of the merchant'sestablishment; (ii) concealing any merchandise; (iii) substituting, altering,removing, or disfiguring any label or price tag; (iv) transferring anymerchandise from a container in which that merchandise is displayed orpackaged to any other container; (v) disarming any alarm tag attached to anymerchandise; or (vi) obtaining or attempting to obtain possession of anymerchandise by charging that merchandise to another person without theauthority of that person or by charging that merchandise to a fictitiousperson.
§ 8.01-44.4. Action for shoplifting and employee theft.
A. A merchant may recover a civil judgment against any adult or emancipatedminor who shoplifts from that merchant for two times the unpaid retail valueof the merchandise, but in no event an amount less than $50. However, if themerchant recovers the merchandise in merchantable condition, he shall beentitled to liquidated damages of no more than $350.
B. A merchant may recover a civil judgment against any person who commitsemployee theft for two times the unpaid retail value of the merchandise, butin no event an amount less than $50. However, if the merchant recovers themerchandise in merchantable condition, he shall be entitled to liquidateddamages of no more than $350.
C. The prevailing party in any action brought pursuant to this section shallbe entitled to reasonable attorneys' fees and costs not to exceed $150.
D. A conviction of or a plea of guilty to a violation of any other statute isnot a prerequisite to commencement of a civil action pursuant to this sectionor enforcement of a judgment. No action may be initiated under this sectionif any criminal action has been initiated against the perpetrator for thealleged offense under § 18.2-95, 18.2-96, 18.2-102.1, or 18.2-103 or anyother criminal offense defined under subsection F. However, nothing hereinshall preclude a merchant from nonsuiting the civil action brought pursuantto this section and proceeding criminally under § 18.2-95, 18.2-96,18.2-102.1, or 18.2-103 or any other criminal offense defined undersubsection F.
E. Prior to the commencement of any action under this section, a merchant maydemand, in writing, that an individual who may be civilly liable under thissection make appropriate payment to the merchant in consideration for themerchant's agreement not to commence any legal action under this section.
F. For purposes of this section:
"Employee theft" means the removal of any merchandise or cash from thepremises of the merchant's establishment or the concealment of anymerchandise or cash by a person employed by a merchant without the consent ofthe merchant and with the purpose or intent of appropriating the merchandiseor cash to the employee's own or another's use without full payment.
"Shoplift" means any one or more of the following acts committed by aperson without the consent of the merchant and with the purpose or intent ofappropriating merchandise to that person's own or another's use withoutpayment, obtaining merchandise at less than its stated sales price, orotherwise depriving a merchant of all or any part of the value or use ofmerchandise: (i) removing any merchandise from the premises of the merchant'sestablishment; (ii) concealing any merchandise; (iii) substituting, altering,removing, or disfiguring any label or price tag; (iv) transferring anymerchandise from a container in which that merchandise is displayed orpackaged to any other container; (v) disarming any alarm tag attached to anymerchandise; or (vi) obtaining or attempting to obtain possession of anymerchandise by charging that merchandise to another person without theauthority of that person or by charging that merchandise to a fictitiousperson.
§ 8.01-44.4. Action for shoplifting and employee theft.
A. A merchant may recover a civil judgment against any adult or emancipatedminor who shoplifts from that merchant for two times the unpaid retail valueof the merchandise, but in no event an amount less than $50. However, if themerchant recovers the merchandise in merchantable condition, he shall beentitled to liquidated damages of no more than $350.
B. A merchant may recover a civil judgment against any person who commitsemployee theft for two times the unpaid retail value of the merchandise, butin no event an amount less than $50. However, if the merchant recovers themerchandise in merchantable condition, he shall be entitled to liquidateddamages of no more than $350.
C. The prevailing party in any action brought pursuant to this section shallbe entitled to reasonable attorneys' fees and costs not to exceed $150.
D. A conviction of or a plea of guilty to a violation of any other statute isnot a prerequisite to commencement of a civil action pursuant to this sectionor enforcement of a judgment. No action may be initiated under this sectionif any criminal action has been initiated against the perpetrator for thealleged offense under § 18.2-95, 18.2-96, 18.2-102.1, or 18.2-103 or anyother criminal offense defined under subsection F. However, nothing hereinshall preclude a merchant from nonsuiting the civil action brought pursuantto this section and proceeding criminally under § 18.2-95, 18.2-96,18.2-102.1, or 18.2-103 or any other criminal offense defined undersubsection F.
E. Prior to the commencement of any action under this section, a merchant maydemand, in writing, that an individual who may be civilly liable under thissection make appropriate payment to the merchant in consideration for themerchant's agreement not to commence any legal action under this section.
F. For purposes of this section:
"Employee theft" means the removal of any merchandise or cash from thepremises of the merchant's establishment or the concealment of anymerchandise or cash by a person employed by a merchant without the consent ofthe merchant and with the purpose or intent of appropriating the merchandiseor cash to the employee's own or another's use without full payment.
"Shoplift" means any one or more of the following acts committed by aperson without the consent of the merchant and with the purpose or intent ofappropriating merchandise to that person's own or another's use withoutpayment, obtaining merchandise at less than its stated sales price, orotherwise depriving a merchant of all or any part of the value or use ofmerchandise: (i) removing any merchandise from the premises of the merchant'sestablishment; (ii) concealing any merchandise; (iii) substituting, altering,removing, or disfiguring any label or price tag; (iv) transferring anymerchandise from a container in which that merchandise is displayed orpackaged to any other container; (v) disarming any alarm tag attached to anymerchandise; or (vi) obtaining or attempting to obtain possession of anymerchandise by charging that merchandise to another person without theauthority of that person or by charging that merchandise to a fictitiousperson.
