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Understanding Retail Theft Laws: A Complete Guide

This comprehensive guide explains retail theft offenses, such as altering labels and under-ringing, graded penalties based on offense and value, aggregation rules for stolen items, legal presumptions, evidence requirements, detention procedures, and prohibition of judicial reduction. It covers key definitions, including concealment, full retail value, merchandise, merchant, premises, store, and under-ring, as well as fingerprinting regulations for individuals aged 16 and older. Whether you're a business owner, employee, or consumer, this guide clarifies the legal aspects of retail theft.

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Understanding Retail Theft Laws: A Complete Guide

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  1. CHAPTER #39: THEFT 3929 RETAIL THEFT

  2. OFFENSE DEFINED • Takes possession of merchan-dise with intent to deprive • Alters, transfers or removes labels • Switches containers with intent to deprive

  3. OFFENSE (con’t) • Under-rings with intent to deprive • Destroys, renders inopera-tive any security system with intent to deprive

  4. GRADING: 3929 • Summary: first offense and value under $150 • M-2: second offense and value less than $150 • M-1: first or second offense and value over $150

  5. F-3 if the following Third or more offenses Over $2000 Vehicle or Firearm

  6. AGGREGATION All products stolen are added together for value

  7. PRESUMPTIONS • Intentional concealment inside or out is primi facie for intent to de-prive

  8. EVIDENCE • Recovery of merchandise not critical for success-ful prosecu-tion

  9. DETENTION • With probable cause may de-tail in a reasonable manner for a reasonable time to: • 1.Identifyand verify actor • 2. Investigate andrecover un-purchased items

  10. DETENTION 3. Notify police or 4. Private prosecution

  11. JUDICIAL REDUCTION PROHIBITED

  12. DEFINITIONS • Conceal: not visible through ordinary means • Full RetailValue: adver-tised price

  13. DEFINITIONS (con’t) • Merchandise: goods for sale • Merchant: owner, worker • Premises: in-side & outside

  14. DEFINITIONS • Store: where merchandise offered sale • Under-ring: charge less that full retail price

  15. FINGERPRINTING • Age 16 and older within five days of issuing order

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