3929.2 - Unlawful possession of retail or library theft instruments.

     § 3929.2.  Unlawful possession of retail or library theft                instruments.        (a)  Offense.--A person commits a misdemeanor of the first     degree if he knowingly possesses, manufactures, sells, offers     for sale or distributes in any way a theft detection shielding     device or a theft detection deactivation device.        (b)  Definitions.--As used in this section, the following     words and phrases shall have the meanings given to them in this     subsection:        "Conceal."  To conceal merchandise or library or museum     material 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.        "Library."  Any public library, any library, archives or     manuscript repository of an educational, historical or     eleemosynary institution, organization or society, any museum     and any repository of public records.        "Library or museum material."  Any book, plate, picture,     photograph, engraving, painting, drawing, map, newspaper,     magazine, pamphlet, broadside, manuscript, document, letter,     public record, microfilm, sound recording, audiovisual materials     in any format, magnetic or other tapes, electronic data     processing records, display object, exhibit, work of art,     artifact or other documentary, written or printed materials     regardless of physical form or characteristics, belonging to, on     loan to or otherwise in the custody of a library.        "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.        "Store or other retail mercantile establishment."  A place     where merchandise is displayed, held, stored or sold or offered     to the public for sale.        "Theft detection deactivation device."  Any tool, device,     equipment or object designed to destroy, remove, render     inoperative or deactivate any inventory control tag, security     strip or any other mechanism designed or employed to prevent an     offense under section 3929 (relating to retail theft) or 3929.1     (relating to library theft) which is possessed, manufactured,     sold or offered for sale with the intention that it be used to:            (1)  deprive merchants of the possession, use or benefit        of merchandise displayed, held, stored or offered for sale or        lease without paying the full retail value thereof; or            (2)  convert library or museum material to one's own use.        "Theft detection shielding device."  Any laminated, lined or     coated bag, purse, container, case, coat or similar device which     is intended to be used to take possession of, carry away,     transfer, cause to be carried away or transferred or conceal:            (1)  any merchandise displayed, held, stored or offered        for sale or lease by any store or other retail mercantile        establishment with the intent to deprive merchants of the        possession, use or benefit of such merchandise without paying        the full retail value thereof; or            (2)  any library or museum material on his person or        among his belongings with the intent to convert such material        to his own use.     (Apr. 17, 2002, P.L.246, No.33, eff. 60 days)        2002 Amendment.  Act 33 added section 3929.2.        Cross References.  Section 3929.2 is referred to in section     5552 of Title 42 (Judiciary and Judicial Procedure).