§ 14-72.1. Concealment of merchandise in mercantile establishments. - North Carolina Statutes

§ 14‑72.1.  Concealmentof merchandise in mercantile establishments.

(a)        Whoever, withoutauthority, willfully conceals the goods or merchandise of any store, nottheretofore purchased by such person, while still upon the premises of suchstore, shall be guilty of a misdemeanor and, upon conviction, shall be punishedas provided in subsection (e). Such goods or merchandise found concealed uponor about the person and which have not theretofore been purchased by suchperson shall be prima facie evidence of a willful concealment.

(b)        Repealed by SessionLaws 1985 (Regular Session, 1986), c. 841, s. 2.

(c)        A merchant, or themerchant's agent or employee, or a peace officer who detains or causes thearrest of any person shall not be held civilly liable for detention, maliciousprosecution, false imprisonment, or false arrest of the person detained orarrested, where such detention is upon the premises of the store or in areasonable proximity thereto, is in a reasonable manner for a reasonable lengthof time, and, if in detaining or in causing the arrest of such person, themerchant, or the merchant's agent or employee, or the peace officer had at thetime of the detention or arrest probable cause to believe that the personcommitted the offense created by this section. If the person being detained bythe merchant, or the merchant's agent or employee, is a minor under the age of18 years, the merchant or the merchant's agent or employee, shall call ornotify, or make a reasonable effort to call or notify the parent or guardian ofthe minor, during the period of detention. A merchant, or the merchant's agentor employee, who makes a reasonable effort to call or notify the parent orguardian of the minor shall not be held civilly liable for failing to notifythe parent or guardian of the minor.

(d)        Whoever, withoutauthority, willfully transfers any price tag from goods or merchandise to othergoods or merchandise having a higher selling price or marks said goods at alower price or substitutes or superimposes thereon a false price tag and thenpresents said goods or merchandise for purchase shall be guilty of amisdemeanor and, upon conviction, shall be punished as provided in subsection(e).

Nothing herein shall beconstrued to provide that the mere possession of goods or the production byshoppers of improperly priced merchandise for checkout shall constitute primafacie evidence of guilt.

(d1)      Notwithstandingsubsection (e) of this section, any person who violates subsection (a) of thissection by using a lead‑lined or aluminum‑lined bag, a lead‑linedor aluminum‑lined article of clothing, or a similar device to prevent theactivation of any antishoplifting or inventory control device is guilty of aClass H felony.

(e)        Punishment. – For afirst conviction under subsection (a) or (d), or for a subsequent convictionfor which the punishment is not specified by this subsection, the defendantshall be guilty of a Class 3 misdemeanor. The term of imprisonment may besuspended only on condition that the defendant perform community service for aterm of at least 24 hours. For a second offense committed within three yearsafter the date the defendant was convicted of an offense under this section,the defendant shall be guilty of a Class 2 misdemeanor. The term of imprisonmentmay be suspended only on condition that the defendant be imprisoned for a termof at least 72 hours as a condition of special probation, perform communityservice for a term of at least 72 hours, or both. For a third or subsequentoffense committed within five years after the date the defendant was convictedof two other offenses under this section, the defendant shall be guilty of aClass 1 misdemeanor. The term of imprisonment may be suspended only if acondition of special probation is imposed to require the defendant to serve aterm of imprisonment of at least 11 days. However, if the sentencing judgefinds that the defendant is unable, by reason of mental or physical infirmity,to perform the service required under this section, and the reasons for suchfindings are set forth in the judgment, the judge may pronounce such othersentence as the judge finds appropriate.

(f)         Repealed bySession Laws 2009‑372, s. 12, effective December 1, 2009, and applicableto offenses committed on or after that date.

(g)        Limitations. – Foractive terms of imprisonment imposed under this section:

(1)        The judge may notgive credit to the defendant for the first 24 hours of time spent inincarceration pending trial;

(2)        The defendant mustserve the mandatory minimum period of imprisonment and good or gain time creditmay not be used to reduce that mandatory minimum period; and

(3)        The defendant maynot be released or paroled unless he is otherwise eligible and has served themandatory minimum period of imprisonment.  (1957, c. 301; 1971, c. 238; 1973, c. 457, ss. 1, 2;1985 (Reg. Sess., 1986), c. 841, ss. 1‑3; 1987, c. 660; 1993, c. 539, s.35; 1994, Ex. Sess., c. 24, s. 14(c); c. 28, s. 1; 1995, c. 185, s. 3; c. 509,s. 9; 1997‑80, s. 1; 1997‑443, s. 19.25(ff); 2009‑372, s. 12.)