A
person commits the offense of wrongful concealment if he/she willfully
conceals unpurchased merchandise of any mercantile establishment either
on the premises or outside the premises of such establishment with
the intent to deprive the owner.
Any
merchant, his/her agent or employee, who has reasonable grounds or
probable cause to believe that a person has committed or is committing
a willful concealment of merchandise from a mercantile establishment,
may detain such person in a reasonable manner and for a reasonable
length of time for the purpose of investigating whether there has
been a wrongful concealment of such merchandise. Any such reasonable
detention shall not constitute an unlawful arrest or detention, nor
shall it render the merchant, his/her agent or employee criminally
or civilly liable to the person so detained.
Any
person willfully concealing unpurchased merchandise of any mercantile
establishment, either on the premises or outside the premises of such
establishment, shall be presumed to have so concealed such merchandise
with the intention of committing a wrongful taking of such merchandise
within the meaning of Subsection (B)(1) above and the finding of such
unpurchased merchandise concealed upon the person or among the belongings
of such person shall be evidence of reasonable grounds and probable
cause for the detention in a reasonable manner and for a reasonable
length of time of such person by a merchant, his/her agent or employee
in order that recovery of such merchandise may be effected and any
such reasonable detention shall not be deemed to be unlawful nor render
such merchant, his/her agent or employee criminally or civilly liable.
Any
merchant, his/her agent or employee, who has reasonable grounds or
probable cause to believe that a person has committed a wrongful taking
of property as defined in this Section and who has detained such person
and investigated such wrongful taking, may contact Law Enforcement
Officers and instigate criminal proceedings against such person. Any
such contact of law enforcement authorities or instigation of a judicial
proceeding shall not constitute malicious prosecution, nor shall it
render the merchant, his/her agent or employee criminally or civilly
liable to the person so detained or against whom proceedings are instigated.