CIVIL THEFT DEMAND AMOUNTS MD Actual Damages/Compensatory ...

CIVIL THEFT
DEMAND AMOUNTS
12/26/2006 Palmer, Reifler & Associates, P.A. Confidential – Attorney/Client Privileged - NOR

• Penalty will apply for adults and emancipated minors and parents/guardians of
unemancipated minors unless otherwise noted. If no minor penalty is noted, use adult
penalty unless excluded.

• Higher penalty amounts and/or attorney’s fees and costs sometimes apply if suit is filed or
if the matter is not resolved within a designated time period.

Table - MD means $ value of Merchandise that is Damaged or not recovered
- AD/CD means Actual Damages/Compensatory Damages, legal terms of art -
generally elements of actual or compensatory damages are argued to include
time and expenses involved in investigation, detection and apprehension of
offender including processing paperwork, damages for re-stocking and re-
tagging, lost opportunity to sell the item (opportunity cost), etc.

- RV means Retail Value of merchandise

- Penalty Damages means an amount designated by statute as a penalty for the act of
theft
it is similar to punitive damages but not always the same as some
statutes designate a penalty and then mention that punitive damages
will not be awarded in addition to the statutorily designated penalty.

- Punitive Damages, Exemplary Damages, Liquidated Exemplary Damages and Liquidated
Damages are often used in state civil theft statutes to designate a type of penalty damage
designed to be a fair estimation of damages that are difficult to calculate and ascertain but
the purpose of which are to deter and often punish the subject theft offense.

Whether credit fraud will apply often will depend on whether the retailer takes the loss on
the sale and the intent of the party at the time of the transaction. Many statutes do impose
liability on anyone who takes possession of merchandise of another without the other’s
consent with the intent to deny the rightful owner of the benefit, use or full retail value.

STATE STATUTORY DEMAND DESCRIPTION

ALABAMA: Code of Alabama § 6-5-271 - Recovery for Theft of Merchandise

$200 + MD

$200 penalty for all shoplift cases plus MD.

Can apply to employees but only for theft of property consisting of goods for sale.
Therefore credit card fraud and cash thefts from registers do not appear to be

subject to the penalty but these types of claims could still be pursued for restitution
when appropriate.

Parents of unemancipated minors 18 years and under are liable for the penalty.
However, parents or legal guardians of an unemancipated minor under 19 shall
only be liable for up to three offenses with a maximum of $750 for each offence.

Merchant Detention Statute Exists and provides immunity from criminal and civil
actions arising from the detention – Code of Ala. § 15-10-14.

*Demand amount is typically $200.

ALASKA: Alaska Statutes § 09.68.110 - Civil Liability for Shoplifting

Adult (18 or older) – Penalty between $100 and $200 inclusive + penalty of retail
value, up to $1,000 + AD if any;

Parent/Guardian of minor – Penalty between $100 and $200 inclusive + penalty of
retail value, up to $500 + AD if any.

Can apply to employees but only for shoplifting of merchandise. Therefore
employee credit card fraud and employee cash thefts from registers do not appear
to be subject to the penalty but these types of claims could still be pursued for
restitution when appropriate.

*No Merchant Detention Statute exists

*Demand amount is typically $200 plus retail value of up to $1,000 for an
adult and $200 plus retail value of up to $500 for a minor.

ARIZONA: Arizona Revised Statutes § 12-691 and/or § 12-692

Adult (18 or older) – Penalty of $250 + penalty of retail value.
Emancipated minor – Penalty of $100 + penalty of retail value.
Minor – Penalty of $100 + penalty of retail value.

Can apply to employees but only for theft of merchandise, paying less for
merchandise by trick or artifice, and in charging the purchase price of the goods
to a fictitious person or any person without that person’s authority (credit
fraud). Cash thefts do not seem to apply.

Knowing concealment upon the person or another while within the establishment
shall create a presumption of intent to convert without paying for it.

Parents/Guardians having custody and control of an unemancipated minor are
civilly liable for a penalty in the amount of the RV plus an additional penalty of not
less than $100 nor more than $100 + AD. A.R.S. § 12-692(A)(1)(2).

Foster Parents are not liable. A.R.S. § 12-692(B).

Merchant Detention Statute Exists and provides a defense against civil and criminal
actions arising from the detention – A.R.S. § 13-1805(B)(C).

*Demand amount is typically $250 plus retail value for an adult and $100 plus
retail value for an emancipated minor or minor.

ARKANSAS: Arkansas Statutes Annotated §§ 16-122-101 and 16-122-102

Adult $200 + MD
Minor $100 + MD

* May contemplate penalty only when MD exists. One trial court in the state held
the civil penalty statute unconstitutional. The Arkansas Supreme Court refused to
rule on that issue because no party appealed that finding of the state court. See
K.S. v. State, (Ak. 2000) 31 S.W. 3d 849.

Can apply to employees but only for theft of property consisting of goods, wares,
or merchandise displayed or offered for sale. Therefore credit card fraud and cash
thefts from registers would not appear to be subject to the penalty but these types of
claims could still be pursued for restitution when appropriate.

Merchant Detention Statute exists and provides immunity from criminal and civil
actions arising from the detention – A.C.A. § 5-36-116

* Statute requires certified mail prior to suit

*Please review and estimate actual damage amount for the loss of employee
time involved in the investigation, apprehension, detention and documentation
of the theft incident to determine the demand amount.

CALIFORNIA: Cal. Penal Code, Section 490.5 (b)(c)

* Language indicates that merchandise must be taken from merchant’s
premises (like Louisiana) so stop should if at all possible be made outside
the store to literally trigger the use of this statute.

Penalty between $50 and $500 + MD.
Parents/Guardians jointly and severally liable with minor (both liable –
letters could go to either)

Can apply to employees but not for cash or credit thefts unless cash is
obtained from an under-ring or alteration of the price of a good; these
claims can still be pursued for restitution when appropriate. The statute
speaks of theft involving merchandise taken from a merchant’s premises.

* Receipt of stolen property statute (Cal. Penal Code Section 496) allows
for argument of treble actual damages, costs of suit and reasonable
attorney’s fees.

Merchant Detention Statute exists and provides a defense against any civil
action brought because of the detention – Cal. Pen. Code § 490.5 (f)(1)(7).

*Demand amount is typically $250 but some clients have had success
with higher amounts even up to $500.

COLORADO: C.R.S. § 13-21-107.5 Civil Damages for Loss Caused by Theft

AD plus a penalty not less than $100 and not more than $250.

Can apply to employees but only for theft of merchandise. Therefore credit
card fraud and cash thefts from registers do not appear to be subject to the
penalty but these types of claims could still be pursued for restitution when
appropriate.

Merchant Detention Statute exists and provides immunity from any criminal
or civil action arising from the detention – C.R.S. § 18-4-407.

*Demand amount is typically $250.

CONNECTICUT: Conn. Gen. Stat. § 52-564a and/or 52-572 Liability for Shoplifting Act

Punitive damages up to $300 plus MD if applicable.
Parents/Guardians are liable for minors who willfully cause damage but
because damage is defined as including depriving the owner of his property
or the use, possession or enjoyment of it, the statute and its punitive
damages provision applies to Parents/Guardians.
Can apply to employees but only for theft of property consisting of goods or
merchandise displayed or offered for sale. Therefore credit card fraud and
cash thefts from registers do not appear to be subject to the penalty but
these types of claims could still be pursued for restitution when appropriate.

Merchant Detention Statute Exists – Conn. Gen. Stat. § 53a-119a.

Demand amount is typically $250.

DELAWARE: DE Statute Title 10 § 8143 / Effective date 7/12/05

If merchandise is not recovered in its original condition, the value of the
merchandise plus additional AD/CD and a

CIVIL PENALTY in an amount of the retail value of the merchandise or
$150, whichever is greater.

Can apply to employees but only for taking merchandise from a merchant.
Statute applies to “merchandise” and to anyone who alters, transfers or
removes any price marking affixed to goods or merchandise, or who
conceals merchandise, or who transfers merchandise from one container to
another or who uses any instrument whatsoever to obtain merchandise.
Cash thefts from registers would not appear to be subject to the penalty but
these types of claims could still be pursued for restitution when appropriate.

Parent/Guardian liability is joint and several with child. However, liability
will not be imposed on any governmental entity or foster parents.

Merchant Detention Statute Exists and provides immunity from criminal
and civil actions arising from the detention – Del. Statue Title 11 §
840(c)(d).

Demand amount is typically $150 or the retail value of the
merchandise, whichever is greater.

DIST. OF COLUMBIA: D.C. Code Section 27-102 Civil Recovery for Criminal Conduct

Treble AD plus
$50 or MD/RV when applicable, whichever is greater

Can apply to employees involved with fraud or theft of cash.
“anyone who commits an offense of fraud, shoplifting or theft from
a merchant …” Treble damages against an employee for theft plus
the loss of value of goods or the retail value if not recovered.

Must send an acknowledgement of payment letter within five
business days of receipt of payment of the demand amount or
payment in accordance with an agreement for payments.

Must send demand at least 30 days prior to filing suit.

Merchant Detention Statute Exists and provides immunity from
liability arising from the detention – D.C. Code § 22-3213(d).

*Typical demand amount for shoplifting is $50.

FLORIDA: Civil Remedies for Criminal Practices Act, F.S.§ 772.11
GEORGIA:
Three times AD or $200, whichever is greater.

Can apply to employees involved with fraud or theft of cash.

Parents/guardians may be held liable for acts by their children if children
lives with parent/guardian and the child is liable under the statute.

Must send a release if full payment is made within 30 days after receipt of
the demand.

Merchant Detention Statute Exists and provides immunity from criminal
and civil actions arising from the detention – Fla. Stat. §§ 812.015 (3)(c),
(5)(a).

*Demand amount is typically $200.

Official Code of Georgia Annotated Section 51-10-6

AD/CD in addition to the value of MD plus Liquidated Exemplary
Damages of the greater of 2x entire loss (AD + MD) or $150. To be
entitled to the double damages described above in addition to the actual
damages, the entire claim including the double damages must be for less
than $5,000; otherwise, go with actual damages under a literal reading or
potentially go for actual damages plus only a portion of double damages
capped at $4,999.99.

Ex. Employee theft of $1,000 then AD = $1000 unless you document and
ask for time and expense of investigation etc. so demand would usually be
$1000 + 2x $1000 = $3,000

But if theft was for $2000 then under the same scenario, demand would
potentially be for $2000 + 2x $2000 = $6,000 which is over the cap but
probably need to cap the amount at $5,000. So employee thefts with AD of
$1666.66 and over should probably have a cap on the demand at $5,000
until the theft goes over $5,000, at which point the demand should probably
be the actual damage amount as the restitution.

* This is a portion of the statute that could be more clear from the Georgia
Legislature

Can apply to employees involved with fraud or theft of cash.

HAWAII: Civil Penalty imposes liability on “any person . . . who commits a theft .
. . involving personal property.” Because the statute does not impose
liability on parents/legal guardians and another statute only imposes
property on parents/legal guardians if their minor child’s willful act
damages property, the liability for the theft penalty lies with the child
or other individual who commits the act.

Therefore, for minor offences, letters should be addressed to the child
“care of Parent/Guardian”.

* Statute requires certified mail or statutory overnight delivery, return
receipt requested prior to filing suit.

Merchant Detention Statute Exists and provides a defense against civil
actions arising from the detention – O.C.G.A. § 51-7-60.

*Demand amount is typically $150.

Civil Liability for Shoplifting Statute - Hawaii Statutes § 663A-2

AD + penalty of $75.

Can apply to employees but only for theft of merchandise displayed or
offered for sale. Therefore credit card fraud and cash thefts from registers
do not appear to be subject to the penalty but these types of claims could
still be pursued for restitution when appropriate.

Hawaii recognizes a separate criminal offense for “fraudulent use of a credit
card because one can fraudulently use a credit card and not commit theft in
the second degree. However, it does not appear that there is a separate civil
penalty in such cases, although if a loss is sustained by the store, the store
may pursue a restitution claim.

Merchant Detention Statute exists and provides a defense against actions
arising from the detention – HRS § 663-2

Parents (the statute uses the specific language father and mother) are held
joint and severally liable for the tortious acts of their unmarried children.
HRS § 577-3. Therefore, we recommend the letter for juvenile theft
offenders be addressed to the Parent of the juvenile (as opposed to the
Parent/Guardian of the juvenile).

*Demand amount is typically $75.

IDAHO: Retail Theft Statute - Idaho Code §§ 48-701 and/or 48-702
ILLINOIS:
Penalty imposed on any person in the amount of retail value plus damages
neither less than $100 nor more than $250.

Parent/Guardian liability is joint and several with child – still use
Parent/Guardian letter.

However, a parent or guardian NOT having legal custody of a minor shall
not be liable for the conduct of the minor regarding this theft statute.

Can apply to employees but only for theft of property consisting of
merchandise. Therefore credit card fraud and cash thefts from registers do
not appear to be subject to the penalty but these types of claims could still
be pursued for restitution when appropriate.

Merchant Detention Statute Exists and provides a defense against actions
arising from the detention – Idaho Code § 18-4626

*Demand amount is typically $250.

Retail Theft Statute Section 720 ILCS 5/16A-7, Illinois Statutes

An amount not less than $100 nor more than $1000 plus MD
Parents/Guardians are liable (damages are capped under a Parental
*Responsibility Law at $1,000).

The statute specifically includes fraudulent refund claims and under-ring
claims.

Can apply to employees but only for theft of property consisting of goods
for sale. Therefore credit card fraud and cash thefts from registers do not
appear to be subject to the penalty but these types of claims could still be
pursued for restitution when appropriate.

* No Merchant Detention Statute exists; however, a private person may
arrest a person upon demonstrating a reasonable basis for the arrest
and there is case law suggesting that there will be no civil liability. 725
ILCS § 5/107-3. See also Dutton v. Roo-Mac, Inc., 100 Ill. App. 3d 116,
55 Ill. Dec. 458, 426 N.E.2d 604 (2 Dist. 1981); Karow v. Student Inns,
Inc., 43 Ill. App. 3d 878, 2 Ill. Dec. 515, 357 N.E.2d 682 (4 Dist. 1976).

*Demand amount is typically $250.

INDIANA: Burns Indiana Code Sections 34-24-3-1 and 34-24-3-2
IOWA:
The two above listed statutes work together. First, under 34-24-3-2, there is
an irrebuttable presumption of retailer’s AD (Actual Damages or as the
statute states, pecuniary loss) as described in 34-24-3-1 of $100 regardless
of whether merchandise is recovered/returned and regardless of value of
merchandise. Using that presumptive amount and plugging in the
presumption of $100 into the equation in IC § 34-24-3-1, there could be a
penalty in an amount not to exceed 3x AD (or $300 if using the
presumption, whichever is greater.)

Can apply to employees involved with fraud or theft of cash as long as
they rise to the level of “pecuniary loss.” If the store does not take the
loss on a credit fraud case and the cardholder does for example, the
store may not be able to pursue a penalty claim as it has not suffered a
pecuniary loss.

* Parents are not liable for the penalty but the demand and claim may
proceed against “the person who caused the loss.” Therefore, for minor
offences, letters should be addressed to the child “care of
Parent/Guardian” as opposed to the Parent/Guardian of the minor.

*Parents of minors are liable for actual damages caused by the intentional
or reckless act of their minor children and therefore this could apply in
some shoplifting incidents where damage is done or in actual damage
restitution claims involving minor employees.

Merchant Detention Statute Exists – Burns Ind. Code Ann. § 35-33-6-4

*Demand amount is typically $300.

Iowa Code Sections 645.3 and/or 613.16

MD and greater of $50 or actual costs not to exceed $200 incurred by owner
in recovering merchandise or damages. Damages in civil claim can be
reduced by the amount of restitution ordered in criminal court.

Can apply to employees but only for theft of merchandise. Therefore credit
card fraud and cash thefts from registers do not appear to be subject to the
penalty but these types of claims could still be pursued for restitution when
appropriate.

KANSAS: Parents are liable for AD caused by the unlawful acts of minor children
limited in dollar amounts and can be held liable for theft claims for AD and
MD.

Minor children may be argued to be liable under the main statute for their
own acts, however, we recommend the letter for juvenile theft offenders be
addressed to the Parent of the juvenile (as opposed to the Parent/Guardian
of the juvenile).

Merchant Detention Statute exists and provides immunity from criminal and
civil actions arising from the detention – Iowa Code § 808.12.

Please review and estimate actual damage amounts for the loss of
employee time involved in the investigation, apprehension, detention
and documentation of the theft incident to determine the demand
amount.

Civil Penalty Against Shoplifter, Kansas Stat. § 60-3331

Civil penalty of 50% of retail cost of merchandise or $50, whichever is
greater, not to exceed $350 when merchandise is recovered in merchantable
condition UNLESS the person who shoplifts is an unemancipated minor in
which case when the merchandise is recovered in merchantable condition,
the civil penalty against the parent shall be $50. Letters for unemancipated
minors shall be sent to the parents of said minors.

If merchandise is not recovered in merchantable condition, then civil
penalty is 2x retail cost of merchandise or $50, whichever is greater, not to
exceed $500.

Can apply to employees but only for theft of property consisting of goods
for sale. Therefore credit card fraud and cash thefts from registers do not
appear to be subject to the penalty but these types of claims could still be
pursued for restitution when appropriate. Under-rings and passing off of
merchandise are included as forms of shoplifting so employees can be liable
for these acts as well.

Kansas case law indicates that a minor tort-feasor (wrong doer) is liable for
AD caused by his negligence (and therefore intentional acts as well) to the
same extent as an adult and can be sued directly. Therefore, an AD claim
such as for restitution or damages resulting from shoplifting can be brought
against the minor directly.

* No Merchant Detention Statute exists. There is private persons
arrest but no supporting case law shielding private persons from
liability. K.S.A. § 22-2403.

KENTUCKY: *Demand amount is typically $50 or 50% of the retail cost, whichever is
LOUISIANA: greater.

Liability for Stealing Sec. 411.095, Kentucky Revised Statutes

AD, if any, + civil penalty of [retail value not more than $500 + an
additional penalty not less than $100 and not more than $250].

Can apply to employees but only for theft of property consisting of goods
for sale. Therefore credit card fraud and cash thefts from registers do not
appear to be subject to the penalty but these types of claims could still be
pursued for restitution when appropriate.

Parent/Guardian liability for the same damages as for an adult.

* No liability on governmental agency, private agency or foster parents
assigned responsibility for a minor.

Merchant Detention Statute exists – KRS § 433.236

*Demand amount is typically $250 plus retail value not more than
$500.

Louisiana Rev. Statutes § 9:2799.1 and/or La.Civ.Code Article 237

Language indicates that merchandise must be taken from merchant’s
premises (like California) so stop should if at all possible be made outside
the store to literally trigger the use of this statute.

Retail value of the merchandise, if not recovered in merchantable condition
(MD) plus damages of not less than $50.00 nor more than $500.

Can apply to employees but only for merchandise or theft of goods.
Therefore credit card fraud and cash thefts from registers do not appear to
be subject to the penalty but these types of claims could still be pursued for
restitution when appropriate.

Parental liability for theft acts of minor children is the same as for adult
theft offenders. Therefore, we recommend the letter for juvenile theft
offenders be addressed to the Parent of the juvenile (as opposed to the
Parent/Guardian of the juvenile).

Merchant Detention Statute exists – La. C.Cr.P. Art. 215

*Demand amount is typically $250.

*MAINE: 14 Maine Revised Statutes § 8302
MARYLAND:
Retail price of merchandise if not recovered in merchantable condition
and civil penalty of 3x retail price, but not less than $50 or more than $500.

*A copy of the statute (14 M.R.S. § 8302) must accompany any
demand.

Can apply to employees but only for taking merchandise from a merchant.
Therefore credit card fraud and cash thefts from registers do not appear to
be subject to the penalty but these types of claims could still be pursued for
restitution when appropriate.

Parents are not liable for the theft by their children under this statute so the
penalty could only be recovered from the minor. Therefore, for minor
offences, letters should be addressed to the child “care of
Parent/Guardian”.

* Any person who KNOWINGLY uses provisions of the statute to demand
or extract money from a person who is not legally obligated to pay a penalty
may be punished by a fine of not more than $1,000 or by imprisonment for
not more than one year or by both.

Merchant Detention Statute exists – 17 M.R.S. § 3521.

*Demand amount is three times retail value, but not less than $50 nor
more than $500.

Md. Courts and Judicial Proceedings Code Ann. § 3-1302 et seq.

Restore merchandise or pay MD, if appropriate and to pay AD not including
time or wages incurred in the apprehension or prosecution of the shoplifter
or employee and a penalty of: 2x retail sales price, but not less than $50 nor
more than $1000.

Can apply to employees but only for taking merchandise from a merchant.
Therefore credit card fraud and cash thefts from registers do not appear to
be subject to the penalty but these types of claims could still be pursued for
restitution when appropriate.
Parents/Legal Guardians of an unemancipated minor are liable for said
minor.

1st and 2nd Demand letters are to be of a particular form including a warning
that payment of the demand would not preclude the possibility of a criminal
prosecution but that payment of the demand could not be used as evidence

of guilt in any such criminal matter and should get a certificate of mailing
for the letters.

Merchant Detention Statute exists and provides immunity from civil actions
arising from the detention – Md. Courts and Judicial Proceedings Code
Ann. § 5-402.

*Demand amount is typically two times the retail value, but not less
than $50 nor more than $1,000.

MASSACHUSETTS: Massachusetts Ann. Laws ch. 231, § 85R 1/2 and/or 85G
MICHIGAN:
AD + Damages not less than $50 or more than $500.

Can apply to employees involved with fraud or theft of cash as
both are types of larceny or attempted larceny “of property.”

Parents of unemancipated minors over 7 and under 18 are liable for
any damages resulting from the larceny or attempted larceny as set
forth in the civil theft statute. If the parent does not have custody
due to a court decree, then that parent shall not be liable. There is a
cap under the parental liability for theft statute of $5,000.00 total.

Merchant Detention Statute exists and provides a defense against
civil actions arising from the detention – ALM GL ch. 231 § 94B.

*Demand amount is typically $250.

Michigan Compiled Laws Section 600.2953

Full retail if not recovered in merchantable condition + 10x the retail
price, but not less than $50 and not more than $200.

Can apply to employees including cash thefts. Refund fraud
also applies but credit fraud does not seem to be covered. Therefore
credit card fraud does not appear to be subject to the penalty but
could still be pursued for restitution when appropriate.

Custodial Parents or guardians are liable with minor children for
acts of theft.

Text of the demand is dictated by the statute. It may be sent by first
class mail.

MINNESOTA: *Police report must be filed before being allowed to send civil
MISSISSIPPI: demand letter.

Merchant Detention Statute exists and provides a defense against
civil actions arising from the detention – MCLS § 600.2917

*Demand amount is typically ten times retail value, but not less
than $50 nor more than $200.

Minnesota Statutes § 604.14, Civil Liability for Theft Act

Retail price when stolen if not recovered or MD + punitive damages
of either $50 or up to 100% of the retail price, whichever is greater.

The statute appears to apply to employee thefts of cash, or
property or credit thefts because it applies to thefts of personal
property of another.

Parents or guardians are jointly and severally liable with minor
children for acts of theft by the minor children.

* To recover against an individual who steals a shopping cart, the
merchant must have posted at the time of the theft a conspicuous
notice describing the liability imposed by statute described above.

Merchant Detention Statute exists and provides immunity from
criminal or civil actions arising from the detention - Minn. Stat. §
629.366

*Demand amount is typically $50 or 100% of the retail value.

Mississippi Code Annotated Section 97-23-96

Three times AD or $200, whichever is greater.

Can apply to employees but only for taking merchandise from a merchant.
Therefore credit card fraud and cash thefts from registers would not appear
to be subject to the penalty but these types of claims could still be pursued
for restitution when appropriate.

Custodial Parents/guardians of minors who commit theft may be held liable
for the penalties and damages described above if the child is liable for
damages and it is proven that the parents/legal guardians had knowledge of
the minor’s intent to steal or they aided or abetted the minor in such theft
acts.

MISSOURI: Foster parents are not liable for the shoplifting acts of children placed with
MONTANA: them.

Must send a release if full payment is made within 30 days after receipt of
the demand.

Merchant Detention Statute exists and provides immunity from civil actions
arising from the detention - Miss. Code Ann. § 97-23-95

*Demand amount is typically $200.

Stealing and Related Offenses §570.087 of Rev. Statutes of Missouri

Actual damages (full retail value of merchandise taken o has its price
altered plus any proven incidental costs not to exceed $100,
+ a penalty of not less than $100 and not more than $250.

For parents or guardians having physical custody of an unemancipated
minor, actual damages only. If the parent has not had physical custody for
more than one year, they will not be liable.

Therefore, because the penalty cannot be assessed legally against the
parents/guardian, for minor offences, letters should be addressed to the
child “care of Parent/Guardian”.

Can apply to employees but only for taking merchandise from a merchant.
Therefore credit card fraud and cash thefts from registers would not appear
to be subject to the penalty but these types of claims could still be pursued
for restitution when appropriate.

Merchant Detention Statute exists and provides immunity from criminal and
civil actions arising from the detention- § 537.125 R.S.Mo.

Demand amount is typically $250.

Civil Penalty for Shoplifting - Montana Code Ann.§ 27-1-718

Penalty whether or not the goods are returned undamaged in the amount of
the greater of $100 or retail value of merchandise, not to exceed $1000.

Can apply to employees but only for taking merchandise from a merchant –
“goods, wares or merchandise displayed or offered for sale.” Therefore
credit card fraud and cash thefts from registers would not appear to be
subject to the penalty but these types of claims could still be pursued for
restitution when appropriate.

Parent/Legal Guardian having custody of the minor is liable for same
penalty.

Liability may not be imposed on any governmental or private agency that
has been assigned responsibility for the minor child.

Merchant Detention Statute exists and provides immunity from civil actions
arising from the detention – MCA § 46-6-506.

*Demand amount is typically the greater of $100 or the retail value, not
to exceed $1,000.

NEBRASKA: Rev. Stat. Nebraska § 25-21,194
NEVADA:
Actual property damage or loss sustained, cost of maintaining an action
(lawsuit) and reasonable attorney’s fees if owner hired an attorney and the
lawsuit is not in Small Claims Court.

Can apply to employees but only for taking merchandise from a merchant.
Therefore credit card fraud and cash thefts from registers would not appear
to be subject to the penalty but these types of claims could still be pursued
for restitution when appropriate.

We have an Attorney General Letter stating that a retailer could make a
“reasonable argument that its costs associated from shoplifting go beyond
just the loss of merchandise, to also include additional employee, insurance
and anti-theft device costs.” The letter described a civil theft demand by
our firm “as being made in the context of a settlement negotiation.”

Parents are jointly and severally liable with their minor children but only if
the child is living with them at the time of the incident. Therefore, we
recommend the letter for juvenile theft offenders be addressed to the Parent
of the juvenile (as opposed to the Parent/Guardian of the juvenile).

Merchant Detention Statute exists and provides immunity from criminal and
civil actions arising from the detention – R.R.S.Neb. § 29-402.01

*Demand amount is typically $100.

Nev. Rev. Stat. Ann. Section 597.860 and/or Section 597.870

Liability when a person steals merchandise from (indicating the need for the
person to leave the store) for retail value plus damages not less than $100
and not more than $250.

Can apply to employees but only for taking merchandise from a merchant.
Therefore credit card fraud and cash thefts from registers would not appear
to be subject to the penalty but these types of claims could still be pursued
for restitution when appropriate.

Merchant Detention Statute exists and provides immunity from criminal and
civil actions arising from the detention provided that merchant abides by the
requirements of section 4 of – NRS § 597.850

*Demand amount is typically $250.

NEW HAMPSHIRE: New Hampshire Revised Statutes §§ 507:8-F and 544-C:1

Up to $400 plus the merchandise or replacement value if damaged or
unrecoverable.
Statute sets forth a settlement agreement to be used when a person accepts
the retailer’s offer to pay the civil demand.
Can apply to employees but only for taking merchandise from a merchant.
Statute applies to “merchandise” and to anyone who alters, transfers or
removes any price marking affixed to goods or merchandise, or who causes
the cash register or other sales recording device to reflect less than the
merchant’s stated advertised price. Therefore credit card fraud and cash
thefts from registers would not appear to be subject to the penalty but these
types of claims could still be pursued for restitution when appropriate.

Because the penalty does not discuss liability against the
parents/guardian, for minor offences, letters for such minor offenses
should be addressed to the child “care of Parent/Guardian”.

Merchant Detention Statute exists – RSA 627:8-a

*Demand amount is typically $200.

NEW JERSEY: Section 2A:61C, N.J. Statutes

If merchandise is not recovered in its original condition, the value of the
merchandise not to exceed $500 plus additions AD/CD not including any
loss of time or wages incurred by the merchant in connection with the
apprehension of the defendant and a

CIVIL PENALTY in an amount of up to $150.

Can apply to employees but only for taking merchandise from a merchant.
Statute applies to “merchandise” and to anyone who alters, transfers or
removes any price marking affixed to goods or merchandise, or who

NEW MEXICO: conceals merchandise or who purposefully under-rings with the intention to
depriving of the full retail value. Therefore credit card fraud and cash thefts
from registers would not appear to be subject to the penalty but these types
of claims could still be pursued for restitution when appropriate.

Parental/Guardian liability exists but only if custody has not been removed
by court order or decree, judgment, military service, or marriage of the
minor.

Also, foster parents are not liable under this statute.

Willful concealment on or outside the premises shall give rise to a prima
facie presumption of intent to convert without paying for it.

* The statute DOES NOT APPLY when the merchandise value is greater
than $500.

Merchant Detention Statute exists and provides immunity from criminal and
civil actions arising from the detention – N.J. Stat. § 2C:20-11(e)

*Demand amount is typically $150.

New Mexico Statutes Ann. § 30-16-21

THEFT CONVICTION REQUIRED for penalty to be applicable.

Statute applies to adults (18 and up) only.

May be liable for the retail value of the merchandise ONLY IF the
merchandise is not recovered or recovered in a damaged state.

Punitive damages of not less than $100 and not more than $250.

Statute does not appear to apply to employee thefts of cash or credit thefts.
The statute specifically applies to anyone who willfully alters any label,
price tag or marking upon any merchandise with the intention of depriving
the owner of the value thereof. It is questionable whether a cash theft or
credit fraud case would be covered by the statute.

Willful concealment on or outside the premises shall give rise to a prima
facie presumption of intent to convert without paying for it.

Merchant Detention Statute exists and provides a defense for civil actions
arising from the detention – N.M. Stat. Ann. § 30-16-23.

*Demand amount is typically $250.

NEW YORK: Larceny in Mercantile Est. Stat., NY General Obligations Law Section 11-
105

Retail price of merchandise not recovered in merchantable condition up to a
cap of $1,500 plus a penalty not to exceed the greater of five times the retail
price or $75.00 but this penalty may not exceed $500.

Can apply to employee thefts but does not appear to apply to employee
thefts of cash or credit thefts. The statute specifically applies to anyone
who commits larceny of merchandise; larceny is distinct from fraud and the
use of the term “merchandise” precludes an action for cash thefts.

Merchant Detention Statute exists and provides a defense against civil
actions arising from the detention – NY CLS Gen. Bus. § 218.

*Demand amount is typically five times the retail value, but not less
than $75 nor more than $500.

NORTH CAROLINA: Civil Liability for Larceny NC Gen. Statute §1-538.2

The value of goods or merchandise if lost or destroyed, or MD if
damaged, or the amount of any money lost, and in addition to the
above, the owner is entitled to both consequential (AD/CD) as well
as punitive damages. The total compensatory and consequential
damages awarded shall not be less than $150 and shall not be more
than $1,000 (except no limit if the conduct falls under G.S. 14-74 or
G.S. 14-90.

The statute specifically includes employee theft language in its
title and body and includes thefts of cash and credit thefts. The
statute applies to “money lost by reason of the embezzlement or
fraud of an employee.

Parental/Legal guardian liability requires custody AND knowledge
(knew or should have known) of the propensity of the child to
commit an act of theft, the opportunity and ability to control the
child and the failure to make reasonable effort to correct or restrain
the child. No punitive damages are allowed against the parent/legal
guardian. However, the typical $150 demand amount for shoplift
cases falls under the compensatory/consequential damage categories
in this statute. The typical practice is to send the demand and wait
for a defense by the parent or representative for the parent that they
had no knowledge of their child’s propensity to commit an act of
theft.

Consequential damages include salary paid to any employee for
investigation, reporting, testifying, or any other time related to the
investigation or prosecution under the related statutes, any costs,
such as mileage, postage, stationary or telephone expenses that were
incurred as a result of the violation.

The demand letter’s form must be “substantially similar” to the form
set forth in the statute.

Merchant Detention Statute exists and provides immunity from civil
actions arising from the detention – N.C. Gen. Stat. § 14-72(c).

*Demand amount is typically $150.

NORTH DAKOTA: North Dakota Century Code Section 51-21-05

An adult is civilly liable for the retail value of the merchandise plus
exemplary damages of not more than $250.

Can apply to employees and appears to apply to cash thefts and
credit card thefts because it applies to “theft” from a
“merchant” and does not define the type of property. While in
the recovery section it refers to merchandise, the broad
language in the opening sentence is enough to allow the
argument that the statute and its penalty should apply to thefts
of cash and to credit fraud cases.

Parents/legal guardians of an unemancipated minor who lives with
the parent/legal guardian are liable for the same amount UNLESS it
is determined by a court that one of the principal rationales for the
shoplifting was a desire on the part of the minor to cause his parent
or legal guardian to be liable under this section.

Merchant Detention Statute exists and provides immunity from
criminal and civil actions arising from the detention– N.D. Cent.
Code § 51-21-04.

*Demand amount is typically $250.

OHIO: Ohio Rev. Code Ann. Sections 2307.60, 2307.61, and/or 3109.09

Allows a property owner to uses section (A)(1)(a) or (A)(1)(b). Under (A)(1)(a),
the owner may recover compensatory damages including the value of the property
and other items of AD along with liquidated damages tied to the dollar amount of
the merchandise: $50 if property’s value was $50 or less, $100 if the property’s

value was over $50 and up to $100, and $150 if the property value was more than
$100.

Under (A)(1)(b), the property owner may claim liquidated damages in the greater
of $200 or 3x the value of the merchandise regardless of whether the property was
recovered and fully merchantable.

Demand is not limited as long as the theft was less than $5,000.

Prior to filing suit, the property owner must send a demand certified mail, return
receipt requested.

Can apply to employees and the statute appears to apply to employee thefts of
cash and credit thefts. The statute applies to a “theft offense”. This language
is broad enough to allow for cash and credit card fraud.

Parents of a minor can be held liable along with their child for recovery of stolen
property and compensatory damages not exceeding $10,000. It does not appear
that the parental liability statute contemplates that parents will be held liable for
statutory penalties for theft acts of their minor children.

Merchant Detention Statute exists – ORC Ann. § 2935.014.

*Demand amount is typically the greater of three times retail value or $200.

OKLAHOMA: Civil Liabilities for Shoplifting, 21 Oklahoma Stat. §1731.1

Two parts to the liability:

First, the retail value of the merchandise if recovered unsalable or the
diminished value due to the conversion;

Second, an adult, emancipated minor or unemancipated minor against
whom a judgment is rendered for shoplifting (this means that Oklahoma
contemplates a retailer suing a minor directly), may ALSO be required to
pay EXEMPLARY DAMAGES. However, the statute does not say how
much the exemplary damages would be but it does offer a hint.

Instead of requiring payment of exemplary damages described above, that
statute mentions that the court may require the individual to perform public
services designated by the court no less than $50 worth of services based
work performed for the number of hours at the federal minimum wage rate
that would equate to $50 and no more than $500 worth of time for the
public services.

OREGON: The provisions of the civil statute are “in addition to criminal penalties and
other civil penalties and shall not limit merchants or other persons from
electing to pursue criminal penalties and other civil remedies, so long as
double recovery does not result.”

Can apply to employees but the statute does not appear to apply to
employee thefts of cash or credit thefts. The statute specifically applies to
“goods, wares or merchandise displayed or offered for sale either wholesale
or retail”.

* No liability on any governmental entity, private agency or foster parent.

Although the statutory language seems clear enough to allow demand
requests to be made, regulators and prosecutors in Oklahoma seem to
disfavor this statute.

Merchant Detention Statute exists and provides immunity from criminal and
civil actions arising from the detention – 22 Okl. St. § 1343.

*Demand amount is typically $100.

Civil Damages for Shoplifting §30.875 of Oregon Revised Statutes

Adult (18 or older) – AD + Penalty in the amount of the retail value not to
exceed $500 plus an additional penalty not less than $100 and not more than
$250.

Parents having custody of an unemancipated minor – AD plus a Penalty in
the amount of Retail Value not to exceed $250 + an additional penalty not
less than $100 and not more than $250.

Can apply to employee theft claims but does not appear to apply to
employee thefts of cash or employee credit fraud.

Foster parents are not liable for foster children unless related to them by
blood or marriage.

Case law in state has upheld statute as being constitutional for two reasons:
first, the statute did not violate the Due Process clause of the 14th
Amendment as juvenile shoplifting is unquestionably a legitimate state
purpose, and second, the statute’s penalty to a private party was not
determined to be a punishment for purposes of double jeopardy under the
federal Constitution.

Merchant Detention Statute exists provides a defense from criminal and
civil actions arising from the detention – ORS § 131.655

*Demand amount is typically $250.

PENNSYLVANIA: "Damages in actions on retail theft" - 42 Pa.C.S. § 8308

Court shall order the defendant to restore the merchandise in its original
condition or if not possible, award the value of the merchandise as damages
and award Actual Damages not including the loss of time or wages incurred
by the plaintiff in connection with the apprehension and prosecution of the
defendant and award a CIVIL PENALTY in the amount of the retail value
of the merchandise plus $150.

** If retail amount is over $500, then cap penalty at $650 (retail of $500
plus $150 because the statute says “No civil action under this section may
be maintained if the defendant has paid that plaintiff a penalty equal to the
retail value of the merchandise, not to exceed $500, plus the sum of $150.”

Parental liability but there is a cap on damages.

Can apply to employees but the statute does not appear to apply to
employee thefts of cash or employee credit thefts; the statute specifically
applies to merchandise and to altering price indicia of merchandise.

Willful concealment on or outside the premises shall give rise to a prima
facie presumption of intent to convert without paying for it.

Must send a release if full payment is made within 20 days after receipt of
the demand.

Merchant Detention Statute exists and provides immunity from criminal and
civil actions arising from the detention – 18 Pa.C.S. § 3929(d).

*Demand amount is typically $150 plus retail value where total demand
may not exceed $650.

RHODE ISLAND: Civil Restitution for Shoplifting, R.I. Gen. Laws § 11-41-28

THERE HAS BEEN A CHANGE IN THE STATUTE IN RHODE
ISLAND AS OF JULY 14, 2006 AND PENALTY REQUESTS ARE
NO LONGER ALLOWED BY STATUTE. IF MERCHANDISE IS
DAMAGED, RESTITUTION FOR THE MERCHANDISE VALUE
MAY BE MADE.

An adult or emancipated minor shall be civilly liable for not more than the
full retail value when the merchandise is not recovered in merchantable
condition PLUS a penalty of not more than $100. However, the retailer

needs to sue to be entitled to more than the restitution. On July 14, 2006 the
statute was amended to decrease the liability of shoplifting offenders from a
treble retail value number when merchandise was not recovered in
merchantable condition plus a penalty which decreased from a minimum of
$100 and a max of $500 down to a maximum of $100. While the statute
seems to allow a demand letter to inform the opposing party what damages
and penalties could be requested in court, it prohibits a demand letter from
including requests for the penalty amount. Therefore, demands in Rhode
Island should be limited to requests for restitution in the amount of the
retail value of merchandise not recovered in merchantable condition or
for restitution on internal cases.

By excluding unemancipated minors, the statute seems to indicate that
neither the parents/legal guardians of unemancipated minors nor the
unemancipated minors would be liable for the amounts listed in the statute.

Statute does apply to employee thefts including both employee cash
thefts and employee credit thefts.

Must send a release if full payment is made within 20 days after receipt of
the demand.

Merchant Detention Statute exists – R.I. Gen. Laws § 11-41-21.

*Demand amount is now limited to the damaged merchandise or
missing merchandise’s value.

SOUTH CAROLINA: South Carolina Code Annotated Section 15-75-40

Adult or emancipated minor – retail price if not recovered in
merchantable condition capped at $1,500 PLUS a penalty not to
exceed the greater of 3x the retail price or $150 but this penalty is
capped at $500.

Custodial parents or legal guardians have the same liability but only
if they knew or should have known of the minor’s propensity to
steal.

Statute does apply to employee thefts including both employee
cash thefts and employee credit thefts. Shoplifting, under the
statute’s definitions, includes the theft of cash by employees.

If a civil demand is sent, the retailer may not then file criminal
charges. However, if criminal charges have been filed, the retailer is
allowed to then send a demand letter. Prosecutors and the local
retail association each lobbied and the result is a compromise. The

SOUTH DAKOTA: intent is that prosecutors do not want to pursue stale cases and do
not want to be the collection agents of the retailer.

Demand letters are to be mailed certified and be substantially similar
to the statutory example.

Merchant Detention Statute exists – S.C. Code Ann. § 16-13-140.

*Demand amount is typically $150.

South Dakota Codified Laws § 22-30A-19.1

Adult, emancipated minor, or parents/guardians of an
unemancipated minor is liable for the retail value of the merchandise
regardless of whether the merchandise is recovered in undamaged
condition and in addition, the merchant is entitled to a penalty of 4x
the retail value or $100, whichever is greater.

Can apply to employees but only for taking merchandise from a
merchant – “goods, wares or merchandise displayed or offered for
sale.” Therefore credit card fraud and cash thefts from registers
would not appear to be subject to the penalty but these types of
claims could still be pursued for restitution when appropriate.

Merchant Detention Statute exists – S.D. Codified Laws § 22-30A-
19.2.

*Demand amount is typically retail value plus four times retail
value or $100, whichever is greater.

TENNESSEE: Tenessee Code Ann. § 39-14-144

2x the retail price of the merchandise or $100, whichever is
greater unless damaged than it is the greater of $100 or 3x the difference in
price between damaged goods and goods before damage or if not recovered
at all than the greater of $100 or 3x retail value of goods.

Retail value may not exceed $500 or else the statute does not apply.

APPROPRIATE DISTRICT ATTORNEY GENERAL OF THE
DISTRICT IN WHICH THE OFFENCE OCCURRED MUST
CONSENT TO THE CIVIL DEMAND IN LIEU OF PROSECUTION.

TEXAS: Proceedings under this section act as a bar (denial) to criminal
UTAH: prosecutions.

Can apply to employees but only for taking merchandise from a merchant –
“theft of retail merchandise”. Therefore credit card fraud and cash thefts
from registers would not appear to be subject to the penalty but these types
of claims could still be pursued for restitution when appropriate.

For employees, the penalty does not apply if the theft is
greater than $500.

Merchant Detention Statute exists and provides immunity from criminal and
civil actions arising from the detention – Tenn. Code Ann. § 40-7-116.

*Demand amount is typically $100 or two times retail value, whichever
is greater, not to exceed $1,000 as statute does not apply if retail value
is in excess of $500.

Texas Theft Liability Act, Texas Civ. Prac.& Rem. Code § 134.001 et seq.

From a person who commits theft, the amount of actual damages found by
the trier of fact and in addition to actual damages, damages awarded by the
trier of fact in a sum not to exceed $1,000 or

From a parent or other person who has duty of control and reasonable
discipline of a child, the amount of actual damages found by the trier of fact
not to exceed $5,000.

Because parents are only liable for actual damages for their minor’s
theft offences, letters should be addressed to the child “care of
Parent/Guardian” to allow a request for a penalty to be made from the
minor.

Statute does apply to employee thefts including both employee cash
thefts and employee credit thefts.

Merchant Detention Statute exists – Tex. Civ. Prac. & Rem. Code §
124.001.

*Demand amount is typically $250.

Utah Code Ann. Section 78-11-15 and/or Section 78-11-16

An adult is liable in addition to actual damages for a penalty in the amount
of the retail price not to exceed $1,000 plus an additional penalty as
determined by the court of not less than $100 and not more than $500.

*VERMONT: Minor and parents/legal guardians having legal custody are jointly and
severally liable for the retail price not to exceed $500 plus an additional
penalty as determined by the court of not less than $50 and not more than
$500

No parent/guardian liability if the adult made a reasonable effort to restrain
the wrongful taking and did not fail to report the wrongful taking to the
merchant involved or to the law enforcement agency having primary
jurisdiction after he or she knew of the minor’s unlawful act. No report is
required from the parent/guardian if the minor was arrested or apprehended
by anyone acting on behalf of the merchant.

Can apply to employee thefts but the statute does not appear to apply to
employee cash thefts. The statute does not seem to apply to employee
credit thefts although it does refer to the wrongful taking of merchandise
“by any means”.

A merchant demanding payment of a penalty under the civil theft statutes in
Utah must also give written notice as follows:

“IMPORTANT NOTICE: The payment of any penalty demanded of
you does not prevent criminal prosecution under a related criminal
provision.”

This may be in the demand but must be boldly and conspicuously displayed
in at least the same size type as is used in the demand, and shall be sent with
the demand for payment of the penalty.

Merchant Detention Statute exists – Utah Code Ann. § 76-6-603.

*Adult: $250 plus retail value, where the retail value is not to exceed
$1,000.
*Minor: $250 plus retail value, where the retail value is not to exceed
$500.

Civil Recovery for Retail Theft, 13 Vermont Statutes Ann. § 2579

Any person 17 years of age and older or any emancipated minor who
commits retail theft shall be liable for damages equal to the retail price if the
item is not returned in merchantable condition AND a civil penalty of 2x
retail price to be not less than $25.00 and not more than $300.

*A copy of 13 V.S.A § 2579 must accompany any demand.

VIRGINIA: Any person who KNOWINGLY uses provisions of the statute to demand or
extract money from a person who is not legally obligated to pay a penalty
shall be imprisoned not more than one year or fined not more than $1,000,
or both.

Neither Parents/Legal Guardians nor unemancipated minors of 16 years or
younger seem to have any liability under this section and because of the
potential criminal liability referenced under this section above, it is the
better course of action to limit demands to solid cases where the offender
was 17 years old and up.

Can apply to employees and arguably applies to employee cash thefts but
does appear to apply to employee credit theft.

Merchant Detention Statute exists – 13 V.S.A. § 2576.

*Demand amount is typically two times retail value, but not less than
$25 nor more than $300.

Va. Code Section 18.2-104.1 and/or Va. Code Section 8.01-44.4

IF NO CRIMINAL CHARGES ARE FILED – against an adult or
emancipated minor, 2x actual cost to merchant but not less than $50 unless
recovered in merchantable condition and then liquidated damages of no
more than $350.

This is the same liability against an employee. The statute applies to
employee thefts of cash and employee credit card fraud.

Under this statute, if a criminal charge has been initiated, the civil claim
may not be initiated and if it had been initiated, the retailer then must “non-
suit” (dismiss) the civil action.

IF CRIMINAL CHARGES ARE FILED AND THERE
HAS BEEN A CONVICTION FOR THEFT UNDER Va. Code Ann §
18.2-103, the damages are the retail value of any goods and merchandise
illegally converted and not recovered, and for all costs (actual expenses)
incurred in prosecuting such person including the base wage of one
employee acting as a witness for the Commonwealth and suit costs but the
total costs may not exceed $250 (excluding the retail value of the goods
when not recovered).

Merchant Detention Statute exists and provides immunity from civil actions
arising from the detention – Va. Code Ann. § 8.01-226.9.

Demand letters should be addressed to the child “care of
Parent/Guardian” to allow a request for a penalty to be made from the
minor because the statute does not impose liability for the actual
damages or the penalty against the parents/legal guardians.
*Demand amount is typically either $250 or $350 depending on above.

WASHINGTON: Annotated Revised Code of Washington § 4.24.230

Adult – Actual damages plus a penalty in the amount of the Retail Value of
the merchandise, not to exceed $1,000, plus an additional penalty of not less
than $100 nor more than $200.

Parent/legal guardian having custody of a minor is liable for actual damages
plus a penalty in the amount of the Retail Value of the merchandise, not to
exceed $500, plus an additional penalty of not less than $100
nor more than $200.

Can apply to employees but only for taking merchandise from a merchant –
“theft of retail merchandise”. Therefore credit card fraud and cash thefts
from registers would not appear to be subject to the penalty but these types
of claims could still be pursued for restitution when appropriate.

In Washington, the retailer must also give written notice as follows:

“IMPORTANT NOTICE: The payment of any penalty demanded of
you does not prevent criminal prosecution under a related criminal
provision.”

This may be in the demand but must be boldly and conspicuously displayed
in at least the same size type as is used in the demand, and shall be sent with
the demand for payment of the penalty.

Merchant Detention Statute exists and provides a defense against any
criminal action arising from the detention – Rev. Code Wash. (ARCW) §
9A.16.080.

*Adult: $200 plus the retail value, where retail value does not exceed
$1,000.
*Minor: $200 plus retail value, where retail value does not exceed $500.

WEST VIRGINIA: West Virginia Code § 61-3A-5

Any person who commits the requisite acts is liable to restore the
merchandise to the establishment and if not recovered or damaged, liable
for actual damages including the value of the merchandise involved in the
shoplifting, and other actual damages but not including the time or loss of

WISCONSIN: wages incurred by the mercantile establishment or any merchant in
connection with the apprehension and processing of the suspect and in all
cases, for a PENALTY in the amount of $50 or 2x the value of the
merchandise, whichever is greater.

Can apply to employees but only for taking merchandise from a merchant.
Therefore credit card fraud and cash thefts from registers would not appear
to be subject to the penalty but these types of claims could still be pursued
for restitution when appropriate.

Demand letters should be addressed to the child “care of
Parent/Guardian” to allow a request for a penalty to be made from the
minor because the statute does not impose liability for the actual
damages or the penalty against the parents/legal guardians.

* Any amount asked for under the civil demand must be reduced by any
amounts recovered pursuant to court ordered restitution.

Merchant Detention Statute exists and provides immunity from criminal and
civil actions arising from the detention – W.Va. Code § 61-3A-4.

*Demand amount is typically $50 or two times retail value, whichever
is greater.

Wisconsin Stat. §§ 943.51 and/or 895.035

Retail value of merchandise not recovered or recovered in unmerchantable
condition (needs to be undamaged and unused) plus any actual damages* -
including employee salary for time spent processing retail theft (case law)

Plus exemplary damages of not more than 3x the sum of the above-
described damages for adults not to exceed $500 and not more than 2x the
sum of the above-described damages for juveniles and their custodial
parents not to exceed $300.

*Employee time and expenses may be added to the above
demand, prior to multiplying. i.e. – (retail value of
merchandise [damaged or not returned] + employee time and expenses) x 2
or 3 depending on age of offender.

Parent or parents with custody of an unemancipated minor are jointly and
severally liable with the child for the damages imposed under the civil theft
statute for their child’s violation. Therefore, we recommend the letter for
juvenile theft offenders be addressed to the Parent of the juvenile (as
opposed to the Parent/Guardian of the juvenile).

WYOMING: Foster parents are not liable under the statute pursuant to an attorney
CANADA: general opinion.

The statute applies to employee cash thefts and employee credit fraud
as the broad language applies to “any injury” to a business or property.

Merchant Detention Statute exists and provides immunity from criminal and
civil actions arising from the detention – Wis. Stat. § 943.50(3).

*Please review and estimate actual damage amount for the loss of
employee time involved in the investigation, apprehension, detention
and documentation of the theft incident to determine the employee time
involved. Adults: Three times the actual damage. Minors: Two times
the actual damages.

Wyoming Stat. § 1-1-127

A person over 10 years of age who violates W.S. 6-3-404(a) or (b) is civilly
liable for return of the property in its original condition or actual damages
equal to the full listed/marked price plus 2x retail price but not less than $50
and not more than $1,000.

Parents/Guardian of an unemancipated minor shall be civilly liable as
described above.

Foster parents are not held liable.

The statute applies to employee thefts but does not appear to apply to
employee cash thefts and employee credit fraud as the language applies to
taking possession of “property offered for sale”. Sometimes, credit fraud
cases will fit under this definition.

Merchant Detention Statute exists and provides a defense against criminal
and civil actions arising from the detention – Wyo. Stat. § 6-3-405.

*Demand amount is typically two times the retail value, but not less
than $50 nor more than $1,000.

International Civil Recovery

There is currently no statute or code providing for a civil penalty for theft.
Civil penalty requests are based on case law. Case law has supported

awards up to $300 Canadian for acts of external shoplifting even when the
merchandise was recovered in merchantable condition. Because the act of
theft was a trespass to chattels, the courts have said that the trespass was
actionable per se and as such, nominal damages were available. See
Hudson’s Bay Co. v. White, 1997 O.T.C. LEXIS 2176. In the Hudson case,
the trial court awarded $100 plus costs to the retailer and on appeal changed
the award to the retailer to $300 plus costs without mentioning why. Id.
Compensatory damages (such as in a claim for restitution when
merchandise is damaged or in a case involving high investigation expenses)
would only be available when there is proof of such actual damages. Id.
There seems to be no indication that employees could not receive civil
demand penalty requests in addition to restitution requests using the logic of
the Hudson case. Also, there seems to be no pre-requisite for there to be a
criminal conviction, the initiation of a criminal prosecution or even a call or
report to the police prior to the retailer being able to make a civil demand.

The Hudson case is silent to cash thefts but the logic would apply equally to
a cash theft. We were unable to find any parental liability statutes for theft
acts of juveniles. Therefore, we would recommend that letters concerning
theft acts by juveniles be sent directly to the juveniles C/O their
Parents/Legal Guardians.

PUERTO RICO: Laws of Puerto Rico Annotated Title 33 § 3261. This is a criminal statute
that makes it clear that civil liability can still exist and is not affected if a
criminal penalty is assessed for a criminal offense of any kind. This is not a
civil penalty statute. Therefore, a civil claim can still be brought against
those individuals convicted of theft and assessed a penalty of $100 for
shoplifting pursuant to the criminal statute 33 L.P.R.A. § 4271c, or up to a
$500 fine and/or jail time pursuant to 33 L.P.R.A. § 4271 or § 4285. Any
such civil claim would be for actual damages associated with the theft or a
trespass to chattel/conversion claim. Absent a civil recovery statute,
because the civil demand will be based on tort law damages, we recommend
asking for an amount that approximates the store's actual damages for the
specific theft incident.

We would imagine a demand amount of $100-$200 would be a normal
range for this type of damages but would defer to the calculations provided
by the retailer.

The same theory would be used for asking for damages from employees
who steal in addition to the admitted theft amount for restitution. Because
the related criminal statutes speak in terms of both merchandise for the
shoplifting statute 33 L.P.R.A. § 4271c and personal property in 33
L.P.R.A. § 4271 and 4285, the demand could be made for either cash or
merchandise theft. The criminal shoplifting statute provides for liability for
anyone who alters, transfers or removes any price marking affixed to goods
or merchandise, or who conceals merchandise, or who transfers
merchandise from one container to another, removes merchandise from a
commercial establishment or causes the cash register or any mechanism that
registers the sale, to reflect a lower sale price than what was marked.

Furthermore, there is Parent/Guardian liability under 31 L.P.R.A. § 5142
against the father, and in his absence or death, the mother for damages
caused by the minor children living with him. Likewise, Guardians are
liable for the damages caused by minors or incapacitated persons under
their authority and living with them. A defense is provided for the father
(or parent) and liability will cease when the liable people prove that they
"employed all the diligence of a father of a good family to preclude the
damage." While this is subjective, when this defense is raised, unless the
retailer could prove otherwise, most will drop the demand request.

If merchandise is not recovered in its original condition, we would ask for
the value of the merchandise plus additional AD/CD of $150-200.

If the merchandise is recovered in merchantable condition, we would ask
for AC/DC of $150-200.

Demand amount is typically $200.