As used in this article:
Any one or more of the following acts:
The removal of goods, wares, or merchandise
displayed for sale from the immediate place of display or from any
other place with the establishment, with intent to appropriate such
goods, wares or merchandise to the use of the person so taking, or
to deprive the owner of the use, the value or the possession thereof
without paying to the owner the value of such goods, wares or merchandise.
The concealment of any goods, wares, or merchandise displayed for sale with the intent as specified in Subsection A above.
The alteration, removal or otherwise disfigurement of any label, price tag, or marking upon any goods, wares, or merchandise displayed for sale with the intent as specified in Subsection A above.
The transfer of any goods, wares, or merchandise displayed for sale from a container in which the same shall be displayed or packaged to any other container with the intent as specified in Subsection A above.
Any person willfully concealing unpurchased merchandise of any store or other mercantile establishment, outside the premises of such store or other mercantile establishment shall be prima facie presumed to have so concealed such merchandise with the intention of converting such merchandise to his own use without paying the purchase price thereof within the meaning of § 98-9. The finding of such merchandise concealed upon the person or among the belongings of such person, outside of such store or other mercantile establishment, shall be prima facie evidence of willful concealment. If such person conceals or causes to be concealed such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise on another.
For the purpose of this article, a merchant
or store supervisor who has probable cause for believing that a person
has willfully concealed unpurchased merchandise or has committed shoplifting
may, for the purpose of summoning a law enforcement officer, take
the person into custody and detain him/her/them in a reasonable manner
on the premises for a reasonable time.
A merchant or store supervisor who detains or
causes the arrest of any person under this article shall not be civilly
liable for assault, trespass, unlawful detention, defamation of character,
malicious prosecution, invasion of civil rights, false imprisonment,
false arrest or any other cause of action, provided that in detaining
or in causing the arrest of such person(s), the merchant or store
supervisor had, at the time of such detention or arrest, probable
cause to believe that the person(s) committed the crime of shoplifting
as defined in this article.
A.
Any person
who shall violate the provisions of this article shall be fined not
less than $50 nor more than $500.
B.
For the
purpose of this article, each day that a violation continues shall
be deemed to be a separate offense.
C.
The application
of any penalty set forth herein shall not be held to prevent the enforced
removal of any prohibited condition.
