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2012 SESSION
12104805DBe it enacted by the General Assembly of Virginia:
1. That § 8.01-44.4 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-44.4. Action for shoplifting and employee theft.
A. A merchant may recover a civil judgment against any adult or emancipated minor who shoplifts from that merchant for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.
B. A merchant may recover a civil judgment against any person who commits employee theft for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.
C. The prevailing party in any action brought pursuant to this section shall be entitled to reasonable attorneys' fees and costs not to exceed $150.
D. A conviction of or a plea of guilty to a violation of any
other statute is not a prerequisite to commencement of a civil action pursuant
to this section or enforcement of a judgment. No action may be initiated
under this section if The initiation of any criminal action has
been initiated against the perpetrator for the alleged offense under §
18.2-95, 18.2-96, 18.2-102.1, or 18.2-103 or any other criminal offense defined
under subsection F does not preclude a merchant from initiating or
maintaining an action under this section; however, a merchant may not recover
the retail value of the merchandise, or the unpaid retail value of the
merchandise if the merchandise is not recovered in a merchantable condition,
more than once for the same loss if both criminal and civil actions are
initiated. However, nothing herein shall preclude a merchant from
recovering damages in excess of the retail value of the merchandise, or the
unpaid retail value of the merchandise if the merchandise is not recovered in a
merchantable condition, if a criminal action is initiated. Nothing herein shall
preclude a merchant from nonsuiting the civil action brought pursuant to
this section and proceeding criminally under § 18.2-95, 18.2-96, 18.2-102.1, or
18.2-103 or any other criminal offense defined under subsection F.
E. Prior to the commencement of any action under this section, a merchant may demand, in writing, that an individual who may be civilly liable under this section make appropriate payment to the merchant in consideration for the merchant's agreement not to commence any legal action under this section.
F. For purposes of this section:
"Employee theft" means the removal of any merchandise or cash from the premises of the merchant's establishment or the concealment of any merchandise or cash by a person employed by a merchant without the consent of the merchant and with the purpose or intent of appropriating the merchandise or cash to the employee's own or another's use without full payment.
"Shoplift" means any one or more of the following acts committed by a person without the consent of the merchant and with the purpose or intent of appropriating merchandise to that person's own or another's use without payment, obtaining merchandise at less than its stated sales price, or otherwise depriving a merchant of all or any part of the value or use of merchandise: (i) removing any merchandise from the premises of the merchant's establishment; (ii) concealing any merchandise; (iii) substituting, altering, removing, or disfiguring any label or price tag; (iv) transferring any merchandise from a container in which that merchandise is displayed or packaged to any other container; (v) disarming any alarm tag attached to any merchandise; or (vi) obtaining or attempting to obtain possession of any merchandise by charging that merchandise to another person without the authority of that person or by charging that merchandise to a fictitious person.