§ 11-41-28 - Civil restitution for shoplifting. - Rhode Island Statutes

SECTION 11-41-28

   § 11-41-28  Civil restitution forshoplifting. – (a) An adult or emancipated minor who commits or attempts to commit a larcenyof goods for sale on the premises of a merchant as set forth in § 11-41-20shall be civilly liable to the merchant in an amount consisting of:

   (1) Not more than the retail value of the merchandise if notrecovered in merchantable condition; plus

   (2) A penalty of not more than one hundred dollars ($100);plus

   (3) Court costs.

   (b) A store employee shall be liable in a civil action forlarceny of goods for sale on the premises of his or her merchant employer andfor larceny of cash from the merchant. The civil liability to the merchantshall be in the amount consisting of:

   (1) Not more than the value of the goods or cash; plus

   (2) A penalty assessed of not more than one hundred dollars($100); plus

   (3) Court costs.

   (c) A conviction or a plea of guilty to the offense ofshoplifting is not a prerequisite to the bringing of a civil suit, obtaining ajudgment, or collecting that judgment under this section.

   (d) The fact that a merchant may bring action against anindividual as provided in this section shall not limit the right of themerchant to demand, orally or in writing, that a person who is liable fordamages and penalties under this section remit the damages prior to theconsideration of the commencement of any legal action.

   (e) An action for recovery of damages and penalties underthis section may be brought in any court of competent jurisdiction, includingthe small claims court of a district court, if the total damages do not exceedthe jurisdictional limit of the small claims court.

   (f) The provisions of this section shall not be construed toprohibit or limit any other course of action permitted by law which a merchantmay have against a person who unlawfully takes merchandise from the merchant'spremise.

   (g) If the person to whom a written demand is made complieswith the demand within twenty (20) days after the receipt of the demand, thatperson shall be given a written release from further civil liability withrespect to the specific act of retail theft; provided, that written demandshall not include penalties.