West’s Alaska Statutes Annotated
Title 9. Code of Civil Procedure
Chapter 68. Miscellaneous Provisions
AS § 09.68.110
§ 09.68.110. Civil liability for shoplifting
Currentness:
(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 attorneys’ fees that may be made to the prevailing party in a civil action under Alaska Rule of Civil Procedure 82.
(h) In this section, “emancipated minor” means a minor whose disabilities have been removed for general purposes under AS 09.55.590.
Credits
SLA 1974, ch. 107, § 1; SLA 1980, ch. 53, §§ 1, 2.
Current through the 2010 Second Regular Session of the 26th Legislature
West’s Alaska Statutes Annotated
Title 9. Code of Civil Procedure
Chapter 68. Miscellaneous Provisions
AS § 09.68.115
§ 09.68.115. Bad check civil penalties
Currentness:
(a) In an action against a person who issues a check that is dishonored, the plaintiff may recover damages in an amount equal to $100 or triple the amount of the check, whichever is greater, except that damages recovered under this section may not exceed the amount of the check by more than $1,000 and may be awarded only if
(1) the plaintiff makes a written demand for payment of the check at least 15 days before commencing the action; and
(2) the defendant fails to tender, before the action commences, an amount equal to the amount of the check plus up to a maximum $30 fee.
(b) An action under this section may be brought as a small claims action if the amount claimed does not exceed the jurisdictional limits for small claims actions, or may be brought in any other court that has jurisdiction.
(c) After the beginning of an action under this section but before the case is tried, the defendant may satisfy the claim by tendering an amount of money equal to the amount of the check plus court, legal, and service costs incurred by the plaintiff up to a maximum of $150.
(d) In this section
(1) “check” has the meaning given in AS 11.46.280;
(2) “dishonored” means the nonpayment of a check because of
(A) lack of funds;
(B) closure or nonexistence of an account; or
(C) a stop payment order issued without cause;
(3) “written demand” means a written notice to the issuer of a check personally delivered or sent by first class mail to the address shown on the dishonored check, advising the issuer that the check has been dishonored and explaining the civil penalties set out in this section.
Credits
SLA 1984, ch. 113, § 1; SLA 2004, ch. 77, § 1.
Current through the 2010 Second Regular Session of the 26th Legislature