76-6-602 - Retail theft, acts constituting.
76-6-602. Retail theft, acts constituting.
A person commits the offense of retail theft when he knowingly:
(1) Takes possession of, conceals, carries away, transfers or causes to be carried away ortransferred, any merchandise displayed, held, stored or offered for sale in a retail mercantileestablishment with the intention of retaining such merchandise or with the intention of deprivingthe merchant permanently of the possession, use or benefit of such merchandise without payingthe retail value of such merchandise; or
(2) Alters, transfers, or removes any label, price tag, marking, indicia of value or anyother markings which aid in determining value of any merchandise displayed, held, stored oroffered for sale, in a retail mercantile establishment and attempts to purchase such merchandisepersonally or in consort with another at less than the retail value with the intention of deprivingthe merchant of the retail value of such merchandise; or
(3) Transfers any merchandise displayed, held, stored or offered for sale in a retailmercantile establishment from the container in or on which such merchandise is displayed to anyother container with the intention of depriving the merchant of the retail value of suchmerchandise; or
(4) Under-rings with the intention of depriving the merchant of the retail value of themerchandise; or
(5) Removes a shopping cart from the premises of a retail mercantile establishment withthe intent of depriving the merchant of the possession, use or benefit of such cart.
Enacted by Chapter 78, 1979 General Session