3929 - Retail theft.

     § 3929.  Retail theft.        (a)  Offense defined.--A person is guilty of a retail theft     if he:            (1)  takes possession of, carries away, transfers or        causes 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 without paying the full retail value        thereof;            (2)  alters, transfers or removes any label, price tag        marking, indicia of value or any other markings which aid in        determining value affixed to any merchandise displayed, held,        stored or offered for sale in a store or other retail        mercantile establishment and attempts 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 the full retail value of such merchandise;            (3)  transfers any merchandise displayed, held, stored or        offered for sale by any store or other retail mercantile        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 full retail        value thereof; or            (4)  under-rings with the intention of depriving the        merchant of the full retail value of the merchandise.            (5)  destroys, removes, renders inoperative or        deactivates any inventory control tag, security strip or any        other mechanism designed or employed to prevent an offense        under this section with the intention of depriving the        merchant of the possession, use or benefit of such        merchandise without paying the full retail value thereof.        (b)  Grading.--            (1)  Retail theft constitutes a:                (i)  Summary offense when the offense is a first            offense and the value of the merchandise is less than            $150.                (ii)  Misdemeanor of the second degree when the            offense is a second offense and the value of the            merchandise is less than $150.                (iii)  Misdemeanor of the first degree when the            offense is a first or second offense and the value of the            merchandise is $150 or more.                (iv)  Felony of the third degree when the offense is            a third or subsequent offense, regardless of the value of            the merchandise.                (v)  Felony of the third degree when the amount            involved exceeds $2,000 or if the merchandise involved is            a firearm or a motor vehicle.            (1.1)  Any person who is convicted under subsection (a)        of retail theft of motor fuel may, in addition to any other        penalty imposed, be sentenced as follows:                (i)  For a first offense, to pay a fine of not less            than $100 nor more than $250.                (ii)   For a second offense, to pay a fine of not            less than $250 nor more than $500.                (iii)  For a third or subsequent offense, to pay a            fine of not less than $500, or the court may order the            operating privilege of the person suspended for 30 days.            A copy of the order shall be transmitted to the            Department of Transportation.            (2)  Amounts involved in retail thefts committed pursuant        to one scheme or course of conduct, whether from the same        store or retail mercantile establishment or several stores or        retail mercantile establishments, may be aggregated in        determining the grade of the offense.        (c)  Presumptions.--Any person intentionally concealing     unpurchased property of any store or other mercantile     establishment, either on the premises or outside the premises of     such store, shall be prima facie presumed to have so concealed     such property with the intention of depriving the merchant of     the possession, use or benefit of such merchandise without     paying the full retail value thereof within the meaning of     subsection (a), and the finding of such unpurchased property     concealed, upon the person or among the belongings of such     person, shall be prima facie evidence of intentional     concealment, and, if such person conceals, or causes to be     concealed, such unpurchased property, upon the person or among     the belongings of another, such fact shall also be prima facie     evidence of intentional concealment on the part of the person so     concealing such property.        (c.1)  Evidence.--To the extent that there is other competent     evidence to substantiate the offense, the conviction shall not     be avoided because the prosecution cannot produce the stolen     merchandise.        (d)  Detention.--A peace officer, merchant or merchant's     employee or an agent under contract with a merchant, who has     probable cause to believe that retail theft has occurred or is     occurring on or about a store or other retail mercantile     establishment and who has probable cause to believe that a     specific person has committed or is committing the retail theft     may detain the suspect in a reasonable manner for a reasonable     time on or off the premises for all or any of the following     purposes: to require the suspect to identify himself, to verify     such identification, to determine whether such suspect has in     his possession unpurchased merchandise taken from the mercantile     establishment and, if so, to recover such merchandise, to inform     a peace officer, or to institute criminal proceedings against     the suspect. Such detention shall not impose civil or criminal     liability upon the peace officer, merchant, employee, or agent     so detaining.        (e)  Reduction prohibited.--No magisterial district judge     shall have the power to reduce any other charge of theft to a     charge of retail theft as defined in this section.        (f)  Definitions.--        "Conceal."  To conceal merchandise so that, although there     may be some notice of its presence, it is not visible through     ordinary observation.        "Full retail value."  The merchant's stated or advertised     price of the merchandise.        "Merchandise."  Any goods, chattels, foodstuffs or wares of     any type and description, regardless of the value thereof.        "Merchant."  An owner or operator of any retail mercantile     establishment or any agent, employee, lessee, consignee,     officer, director, franchisee or independent contractor of such     owner or operator.        "Premises of a 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 retail     mercantile establishment.        "Store or other retail mercantile establishment."  A place     where merchandise is displayed, held, stored or sold or offered     to the public for sale.        "Under-ring."  To cause the cash register or other sales     recording device to reflect less than the full retail value of     the merchandise.        (g)  Fingerprinting.--Prior to the commencement of trial or     entry of plea of a defendant 16 years of age or older accused of     the summary offense of retail theft, the issuing authority shall     order the defendant to submit within five days of such order for     fingerprinting by the municipal police of the jurisdiction in     which the offense allegedly was committed or the State Police.     Fingerprints so obtained shall be forwarded immediately to the     Pennsylvania State Police for determination as to whether or not     the defendant previously has been convicted of the offense of     retail theft. The results of such determination shall be     forwarded to the Police Department obtaining the fingerprints if     such department is the prosecutor, or to the issuing authority     if the prosecutor is other than a police officer. The issuing     authority shall not proceed with the trial or plea in summary     cases until in receipt of the determination made by the State     Police. The magisterial district judge shall use the information     obtained solely for the purpose of grading the offense pursuant     to subsection (b).     (Dec. 2, 1976, P.L.1230, No.272, eff. imd.; Apr. 28, 1978,     P.L.202, No.53, eff. 2 years; Dec. 20, 1996, P.L.1530, No.200,     eff. 60 days; June 25, 1997, P.L.377, No.42, eff. imd.; Oct. 2,     2002, P.L.806, No.116, eff. 60 days; Nov. 30, 2004, P.L.1618,     No.207, eff. 60 days)        2004 Amendment.  Act 207 amended subsecs. (e) and (g). See     sections 28 and 29 of Act 207 in the appendix to this title for     special provisions relating to applicability and construction of     law.        2002 Amendment.  Act 116 amended subsec. (b).        1997 Amendment.  Act 42 added subsec. (a)(5).        Cross References.  Section 3929 is referred to in sections     3903, 3929.2, 3929.3, 9112 of this title; sections 3573, 5552,     8308 of Title 42 (Judiciary and Judicial Procedure).