Arkansas Statutes

West’s Arkansas Code Annotated
Title 16. Practice, Procedure, and Courts
Subtitle 7. Particular Proceedings and Remedies (Chapters 105 to 126)
Chapter 122. Civil Liability of Persons Caught Shoplifting

A.C.A. § 16-122-101
§ 16-122-101. Persons subject to liability

Currentness:

(a) An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intention of converting such goods, wares, or merchandise to his own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in § 16-122-102.

(b) An employee who takes possession of any cash, goods, wares, or merchandise without the consent of the owner or seller, and with the intent of converting such cash, goods, wares, or merchandise to his own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in § 16-122-102 in addition to the actual amount of any cash not returned or recovered.

(c)(1) The parent or legal guardian having custody of an unemancipated minor under the age of eighteen (18) and over the age of six (6) who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intent of converting such goods, wares, or merchandise to his own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in § 16-122-102; provided, that for the purpose of this subsection liability shall not be imposed upon any government entity or private agency which has been assigned any responsibility for the minor child pursuant to court order or action of the Department of Human Services.

(2) However, no parent or legal guardian shall be civilly liable under the provisions of this subsection for any offense committed by an unemancipated minor under the age of eighteen (18) and over the age of six (6) who has not been in his or her physical custody for the thirty (30) days preceding the offense.

Credits

Acts of 1993, Act 936, §§ 1 to 3.
Current through end of 2010 Fiscal Sess., including changes made by Ark. Code Rev. Comm. received through 12/31/10, and emerg. eff. acts from 2011 Reg. Sess.: 1, 5, 11, 17, 20, 38 to 41, 45, 66, 70, 72, 91, 115, 116, 131, 137, 163, 172, 174, 204, 207, 209, 220, 269, 273, 275, 287, 320, 332, 334, 336, 337, 522, 556, 557, 565, 566, 608, 631, 637, 639, 699, 701, 723, 737, 751, 757, 774, 787, 796, 801, 814, 816, 833, 858, 860, 879, 903, 1040, 1055, 1125, 1136, 1154, 1180, 1195, 1203, 1228.

West’s Arkansas Code Annotated
Title 16. Practice, Procedure, and Courts
Subtitle 7. Particular Proceedings and Remedies (Chapters 105 to 126)
Chapter 122. Civil Liability of Persons Caught Shoplifting

A.C.A. § 16-122-102
§ 16-122-102. Written demand required-Amount of damages

Currentness:

(a) Under the provisions of this subchapter, the owner or seller shall issue a written demand letter by certified mail for the return of the merchandise or, only if the merchandise has not been returned or recovered, its retail cash equivalent, and a penalty in the amount of two hundred dollars ($200) for an adult to the last known address of the adult.

(b) If the individual to whom the written demand is sent complies with the terms of the demand letter within thirty (30) days of the receipt of the letter, that individual shall not be subject to further civil liability with respect to that specific act of retail theft.

(c)(1) If the individual to whom the written demand is sent does not comply within thirty (30) days of the receipt of a demand letter, then the owner or seller may bring an action against the individual for the recovery of civil damages and penalties in any court of competent jurisdiction if the total damages do not exceed the jurisdictional limit of that court.

(2) In an action brought under this subsection, the owner or seller may recover the following:

(A)(i) Civil damages in an amount equal to the retail value of the merchandise if the merchandise is not recovered or returned; or

(ii) If the merchandise is recovered or returned, civil damages in an amount equal to the difference between the market value of the recovered or returned merchandise and the retail value of the recovered or returned merchandise;

(B) A civil penalty of up to one thousand dollars ($1,000) for an adult;
(C) Court costs; and
(D) A reasonable attorney’s fee.

(d) This section does not apply to juveniles subject to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

Credits

Acts of 1993, Act 936, § 4; Acts of 2003, Act 1185, § 250, eff. July 16, 2003; Acts of 2009, Act 956, § 33, eff. April 6, 2009.

Notes of Decisions (2)
Current through end of 2010 Fiscal Sess., including changes made by Ark. Code Rev. Comm. received through 12/31/10, and emerg. eff. acts from 2011 Reg. Sess.: 1, 5, 11, 17, 20, 38 to 41, 45, 66, 70, 72, 91, 115, 116, 131, 137, 163, 172, 174, 204, 207, 209, 220, 269, 273, 275, 287, 320, 332, 334, 336, 337, 522, 556, 557, 565, 566, 608, 631, 637, 639, 699, 701, 723, 737, 751, 757, 774, 787, 796, 801, 814, 816, 833, 858, 860, 879, 903, 1040, 1055, 1125, 1136, 1154, 1180, 1195, 1203, 1228.