Shoplifting shall consist of any one (1) or more of the following
acts:
A. For any person purposely to take possession of, carry away, transfer
or cause to be carried away or transferred any merchandise displayed,
held, stored or offered for sale by any store or other retail mercantile
establishment with the intention of depriving the merchant of the
possession, use or benefit of such merchandise or converting the same
to the use of such person without paying to the merchant the full
retail value thereof.
B. For any person purposely to conceal upon his person or otherwise
any merchandise offered for sale by any store or other retail mercantile
establishment with the intention of depriving the merchant of the
processes, use or benefit of such merchandise or converting the same
to the use of such person without paying to the merchant the value
thereof.
C. For any person purposely to alter, transfer or remove any label,
price tag or marking indicia of value or any other markings which
aid in determining value affixed to any merchandise displayed, held,
stored or offered for sale by any store or other retail mercantile
establishment and to attempt to purchase such merchandise personally
or in consort with another at less than the full retail value with
the intention of depriving the merchant of all or some part of the
value thereof.
D. For any person purposely to transfer any merchandise displayed, held,
stored or offered for sale by any store or other retail merchandise
establishment from the container in or on which the same shall be
displayed to any other container with intent to deprive the merchant
of all or some part of the retail value thereof.
E. For any person purposely to under-ring with the intention of depriving
the merchant of the full retail value thereof.
F. For any person purposely to remove a shopping cart from the premises
of a store or other retail mercantile establishment without the consent
of the merchant given at the time of such removal with the intention
of permanently depriving the merchant of the possession, use or benefit
of such cart.
The following definitions apply to this chapter:
CONCEAL
To conceal merchandise so that, although there may be some
notice of its presence, it is not visible through ordinary observation.
MERCHANDISE
Any goods, chattels, foodstuffs or wares of any type and
description, regardless of the value thereof.
MERCHANT
Any owner or operator of any store or other retail mercantile
establishment, or any agent, servant, employee, lessee, consignee,
officer, director, franchisee or independent contractor of such owner
or proprietor.
PERSON
Any individual or individuals, including an agent, servant
or employee of a merchant where the facts of the situation so require.
PREMISES OF A STORE OR RETAIL MERCANTILE ESTABLISHMENT
Includes but is not limited to the retail mercantile establishment,
any common use areas in shopping centers and all parking areas set
aside by a merchant or on behalf of a merchant for the parking of
vehicles for the convenience of the patrons of such mercantile establishment.
SHOPPING CART
A pushcart of the type or types which are commonly provided
by grocery stores, drug stores or other retail mercantile establishments
for the use of the public in transporting commodities in stores and
markets and, incidentally, from the stores to a place outside the
store.
UNDER-RING
To cause the cash register or other sale recording device
to reflect less than the full retail value of the merchandise.
Any person who shall violate this chapter shall, upon conviction
thereof, be punishable by a fine not exceeding one thousand dollars
($1,000.), imprisonment in the county jail for a term not exceeding
ninety (90) days or a period of community service not exceeding ninety
(90) days, or any combination thereof, for each offense, in the discretion
of the court.