If you get arrested for shoplifiting do they have to wait until you get outside of the store?
Full Question:
If you get arrested for shoplifiting do they have to wait until you get outside of the store?
10/29/2007 |
Category: Criminal |
State: Mississippi |
#11215
Answer:
The following is a statute:
§ 97-23-93. Shoplifting; elements of offense; presumptions; evidence;
penalties; aggregation of multiple offenses occurring within same
jurisdiction over 30-day period in determining gravity of offense.
(1) Any person who shall wilfully and unlawfully take possession of any
merchandise owned or held by and offered or displayed for sale by any
merchant, store or other mercantile establishment with the intention and
purpose of converting such merchandise to his own use without paying the
merchant's stated price therefor shall be guilty of the crime of
shoplifting and, upon conviction, shall be punished as is provided in
this section.
(2) The requisite intention to convert merchandise without paying the
merchant's stated price for the merchandise is presumed, and shall be
prima facie evidence thereof, when such person, alone or in concert with
another person, willfully:
(a) Conceals the unpurchased merchandise;
(b) Removes or causes the removal of unpurchased merchandise from a
store or other mercantile establishment;
(c) Alters, transfers or removes any price-marking, any other marking
which aids in determining value affixed to the unpurchased merchandise,
or any tag or device used in electronic surveillance of unpurchased
merchandise;
(d) Transfers the unpurchased merchandise from one container to
another; or
(e) Causes the cash register or other sales recording device to
reflect less than the merchant's stated price for the unpurchased
merchandise.
(3) Evidence of stated price or ownership of merchandise may include,
but is not limited to:
(a) The actual merchandise or the container which held the
merchandise alleged to have been shoplifted; or
(b) The content of the price tag or marking from such merchandise; or
(c) Properly identified photographs of such merchandise.
(4) Any merchant or his agent or employee may testify at a trial as to
the stated price or ownership of merchandise.
(5) A person convicted of shoplifting merchandise for which the
merchant's stated price is less than or equal to Five Hundred Dollars
($500.00) shall be punished as follows:
(a) Upon a first shoplifting conviction the defendant shall be guilty
of a misdemeanor and fined not more than One Thousand Dollars
($1,000.00), or punished by imprisonment not to exceed six (6) months, or
by both such fine and imprisonment.
(b) Upon a second shoplifting conviction the defendant shall be
guilty of a misdemeanor and fined not more than One Thousand Dollars
($1,000.00) or punished by imprisonment not to exceed six (6) months, or
by both such fine and imprisonment.
(6) Upon a third or subsequent shoplifting conviction the defendant
shall be guilty of a felony and fined not more than Five Thousand Dollars
($5,000.00), or imprisoned for a term not exceeding five (5) years, or by
both such fine and imprisonment.
(7) A person convicted of shoplifting merchandise for which the
merchant's stated price exceeds Five Hundred Dollars ($500.00) shall be
guilty of a felony and, upon conviction, punished as provided in Section
97-17-41 for the offense of grand larceny.
(8) In determining the number of prior shoplifting convictions for
purposes of imposing punishment under this section, the court shall
disregard all such convictions occurring more than seven (7) years prior
to the shoplifting offense in question.
(9) For the purpose of determining the gravity of the offense under
subsection (7) of this section, the prosecutor may aggregate the value of
merchandise shoplifted from three (3) or more separate mercantile
establishments within the same legal jurisdiction over a period of thirty
(30) or fewer days.
§ 97-23-95. Shoplifting; detention of suspect for questioning without
incurring civil liability.
If any person shall commit or attempt to commit the offense of
shoplifting, or if any person shall wilfully conceal upon his person or
otherwise any unpurchased goods, wares or merchandise held or owned by
any store or mercantile establishment, the merchant or any employee
thereof or any peace or police officer, acting in good faith and upon
probable cause based upon reasonable grounds therefor, may question such
person in a reasonable manner for the purpose of ascertaining whether or
not such person is guilty of shoplifting as defined herein. Such
questioning of a person by a merchant, merchant's employee or peace or
police officer shall not render such merchant, merchant's employee or
peace or police officer civilly liable for slander, false arrest, false
imprisonment, malicious prosecution, unlawful detention or otherwise in
any case where such merchant, merchant's employee or peace or police
officer acts in good faith and upon reasonable grounds to believe that
the person questioned is committing or attempting to commit the crime of
shoplifting.
§ 97-23-96. Civil remedy for shoplifting violations; written demand prior
to commencing civil proceedings; recovery from parents or legal guardians
of minors; costs.
(1) Any person who proves by clear and convincing evidence that he has
been injured in any fashion by reason of any violation of the provisions
of Section 97-23-93, Mississippi Code of 1972, has a cause of action for
threefold the actual damages sustained or damages in the amount of Two
Hundred Dollars ($200.00), whichever is greater, reasonable attorney's
fees and court costs in the trial and in any proceedings in appellate
courts. The recovery of stolen goods regardless of condition shall not
affect the right to the minimum recovery provided herein.
(2) Before filing an action for damages under this section, the person
claiming injury must make a written demand for Two Hundred Dollars
($200.00) or threefold the actual damages sustained, whichever is
greater, of the person or accused liable for damages under this section.
If the accused to whom a written demand is made complies with such demand
within thirty (30) days after receipt of the demand, he shall be given a
written release from further civil liability for the specific act of
shoplifting by the victim making the written demand.
(3) Any victim who has a cause of action under this section may recover
the damages allowed under this section from the parents or legal guardian
of any unemancipated minor who lives with his parents or legal guardian
and who is liable for damages under this section if it is proven that the
parents or legal guardian had knowledge of the minor's intent to violate
the provisions of Section 97-23-93 or aided and abetted the minor in such
violations. Foster parents shall not be liable for the acts of children
placed with them. Nothing in this section shall in any way be construed as
to abrogate, compromise or violate any minor's right to confidentiality
under any other provision of the Mississippi Code of 1972 or otherwise.
(4) In no event shall punitive damages be awarded under this section.
(5) In awarding damages, attorney's fees, expenses or costs under this
section, the court shall not consider the ability of the opposing party
to pay such fees and costs. Nothing under this section shall be
interpreted as limiting any right to recover damages, attorney's fees,
expenses or costs provided under other provisions of law.