51-21 Retail Theft Act
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<![CDATA[CHAPTER 51-21RETAIL THEFT ACT51-21-01. Definitions. As used in this chapter, unless the context requires otherwise:1.An item is "concealed" within the meaning of this chapter if, even though there is<br>some notice of its presence, the item itself is not visible through ordinary<br>observation.2."Full retail value" means the merchant's stated or advertised price of the<br>merchandise.3."Merchandise" means any item of tangible personal property and specifically<br>includes shopping carts.4."Merchant" means an owner or operator of any retail mercantile establishment or<br>any agent, employee, lessee, consignee, officer, franchisee, or independent<br>contractor or such owner or operator.5."Person" means any natural person or individual.6."Premises of a retail mercantile establishment" includes, but is not limited to, the<br>retail mercantile establishment, any common-use areas in shopping centers, and all<br>parking areas set aside by a merchant, or on behalf of a merchant, for the parking of<br>vehicles for the convenience of the patrons of said retail mercantile establishment.7."Retail mercantile establishment" means any place where merchandise is displayed,<br>held, offered, or stored for sale to the public.8."Shopping cart" means those pushcarts of the type or types which are commonly<br>provided by grocery stores, drugstores, or other retail mercantile establishments for<br>the use of the public in transporting commodities in stores and markets and,<br>incidentally, from the stores to a place outside the store.51-21-02. Presumption. Any person concealing upon that person's person or amongthat person's belongings, or causing to be concealed upon the person or among the belongings<br>of another, unpurchased merchandise displayed, held, offered, or stored for sale in a retail<br>mercantile establishment and removing it to a point beyond the last station for receiving<br>payments in that retail mercantile establishment shall be prima facie presumed to have so<br>concealed such merchandise with the intention of permanently depriving the merchant of<br>possession or of the full retail value of such merchandise.51-21-03.Detention of suspect - Procedure.Any peace officer or merchant whoreasonably believes that a person has committed, or is in the process of committing, theft may<br>detain such person, on or off the premises of a retail mercantile establishment, in a reasonable<br>manner and for a reasonable length of time for all or any of the following purposes:1.To require the person to identify oneself.2.To verify such identification.3.To determine whether such person has in the person's possession unpurchased<br>merchandise and, if so, to recover such merchandise.4.To inform a peace officer of the detention of the person and surrender custody of<br>that person to a peace officer.Page No. 15.In the case of a minor, to inform a peace officer, the parents, guardian, or other<br>private person interested in the welfare of that minor of this detention and to<br>surrender custody of said minor to the person informed.51-21-04. Civil and criminal immunity for acts of detention. Any peace officer ormerchant who detains any person as permitted under section 51-21-03 may not be held civilly or<br>criminally liable for any claim for relief allegedly arising from such detention.51-21-05. Civil remedy against adult shoplifters or the parent of a minor shoplifter.An adult who commits the offense of theft from a merchant is civilly liable to the merchant for the<br>retail value of the merchandise, plus exemplary damages of not more than two hundred fifty<br>dollars, costs of suit, and reasonable attorney's fees.The parent or legal guardian of anunemancipated minor who while living with the parent or legal guardian commits the offense of<br>theft from a merchant is civilly liable to the merchant for the retail value of the merchandise, plus<br>exemplary damages of not more than two hundred fifty dollars, costs of suit, and reasonable<br>attorney's fees. A conviction or plea of guilty for the theft is not a prerequisite to the bringing of a<br>suit hereunder. A parent or legal guardian of an unemancipated minor is not civilly liable under<br>this section if it is determined by the court that one of the principal rationales for the shoplifting<br>was a desire on the part of the minor to cause the minor's parent or legal guardian to be liable<br>under this section.Page No. 2Document Outlinechapter 51-21 retail theft act]]>