Section 09.68.110. Civil liability for shoplifting.

   (a) A person who has attained the age of 18 years or an emancipated minor who shoplifts merchandise is, in addition to any criminal penalty provided by law, liable in a civil action to the owner or seller of the merchandise for all of the following:
        (1) actual damages;
        (2) a penalty equal to the retail value of the merchandise or $1,000, whichever is less; and
        (3) a penalty of not less than $100 nor more than $200.
   (b) A person having legal custody of an unemancipated minor who shoplifts merchandise is liable in a civil action to the owner or seller of the merchandise for both of the following:
        (1) a penalty equal to the retail value of the merchandise or $500, whichever is less; and
        (2) a penalty of not less than $100 nor more than $200.
   (c) It is a condition precedent to maintaining an action under this section that the owner or seller of the merchandise send a notice demanding the relief authorized to the defendant by first class mail at the defendant's last known address 15 days or more before the action is commenced.  The Department of Law may adopt regulations prescribing the form of this notice. It is not a condition precedent to maintaining an action under this section that the person who shoplifted merchandise was charged or convicted under any statute or ordinance.
   (d) Judgments, but not claims, arising under this section may be assigned.
   (e) For purposes of this section, a person "shoplifts merchandise" if, without authority and with intent to deprive the owner of the merchandise,
        (1) the person removes the merchandise of a commercial establishment, not purchased by the person, from the premises of the commercial establishment;
        (2) the person knowingly conceals on, in, or about the person the merchandise of a commercial establishment, not purchased by the person, while still upon the premises of the commercial establishment; or
        (3) the person knowingly substitutes or alters a price ticket in order to pay less than the indicated retail price.
   (f) Merchandise found concealed on or about the person which has not been purchased by the person is prima facie evidence of a knowing concealment for purposes of (e)(2) of this section.
   (g) The liability of a person for damages and penalties under this section is in addition to liability for an award of reasonable attorney fees that may be made to the prevailing party in a civil action under Rule 82, Alaska Rules of Civil Procedure.
   (h) In this section, "emancipated minor" means a minor whose disabilities have been removed for general purposes under AS 09.55.590.

Authorities

9.65.110;09.68.110

Notes

Recent Bills that will modify this

SB 35 2015 REVISOR'S BILL

Implemented As

9 AAC 10.010

References

9 AAC 10.010
AS 9.65.110 .65.110">Sec. 09.65.110. - 09.65.120. =it [Renumbered as AS 09.68.110 - 09.68.120].
AS 9.65.110 .65.110">Sec. 09.65.110.

History

(Sec. 1 ch 107 SLA 1974; am Sec. 1, 2 ch 53 SLA 1980; am Sec. 9 ch 22 SLA 2015)