570.087. Stealing, civil liability--parent or guardian civilly liable for minor's stealing--conversion of shopping carts, penalty. - Missouri Statutes

Stealing, civil liability--parent or guardian civilly liable forminor's stealing--conversion of shopping carts, penalty.

570.087. 1. As used in this section, the following termsmean:

(1) "Actual damages", the full retail value of anymerchandise which is taken or which has its price altered in amanner described in subsection 2 of this section, plus anyproven incidental costs to the owner of the merchandise not toexceed one hundred dollars;

(2) "Mercantile establishment", any place where merchandiseis displayed, held or offered for sale either at retail or atwholesale;

(3) "Merchandise", all things movable and capable of manualdelivery and offered for sale either at retail or wholesale;

(4) "Unemancipated minor", an individual under the age ofeighteen years whose parents or guardian have not surrenderedthe right to the care, custody and earnings of such individual,and are under a duty to support or maintain such individual.

2. An adult or a minor who takes possession of anymerchandise from any mercantile establishment without theconsent of the owner, without paying the purchase price and withthe intention of converting such merchandise to his own use, orthe use of another, or who purchases merchandise after alteringthe price indicia of such merchandise, shall be civilly liableto the owner for actual damages plus a penalty payable to theowner of not less than one hundred dollars nor more than twohundred fifty dollars and all court costs and reasonableattorney fees.

3. The parents or guardian having physical custody of anunemancipated minor, who takes possession of any merchandisefrom any mercantile establishment without the consent of theowner, without paying the purchase price and with the intentionof converting such merchandise to his own use, or the use ofanother, or who purchases merchandise after altering the priceindicia of such merchandise, shall be civilly liable to theowner for actual damages, provided that a parent or guardianshall not be liable if they have not had physical custody for aperiod in excess of one year.

4. Notwithstanding the provisions of subsections 2 and 3 ofthis section, any person who, without the consent of the owner,takes possession of a shopping cart from any mercantileestablishment with the intent to convert such shopping cart tohis own use or the use of another shall be civilly liable to theowner for actual damages plus a penalty payable to the owner ofone hundred dollars and all court costs and reasonable attorneyfees.

5. A conviction under section 570.030 or 570.040 shall notbe a condition precedent to maintaining a civil action pursuantto the provisions of this section.

6. No owner or agent or employee of the owner may attemptto gain an advantage in a civil action by threatening toinitiate a criminal prosecution pertaining to the same incident.

(L. 1990 H.B. 948)