West’s Wyoming Statutes Annotated
Title 1. Code of Civil Procedure
Chapter 1. General Provisions as to Civil Actions (Refs & Annos)
W.S.1977 § 1-1-127
§ 1-1-127. Civil liability for shoplifting
Currentness:
(a) A person over ten (10) years of age who violates W.S. 6-3-404(a) or (b) is civilly liable to the merchant of the property in an amount consisting of:
(i) Return of the property in original condition or actual damages equal to the full marked or listed price of the property; plus
(ii) A civil liability of twice the amount of the full marked or listed price of the property but not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00); plus
(iii) Reasonable attorney’s fees and court costs.
(b) If an unemancipated minor violates W.S. 6-3-404(a) or (b), the parents or guardian of the child shall be civilly liable as provided by subsection (a) of this section, provided liability under this subsection shall not apply to foster parents, to parents whose parental custody and control of the child have been terminated by court order prior to the violation or to any governmental or private agency that has been appointed guardian for the minor child pursuant to court order or action of the department of family services. Civil liability under this subsection is not subject to the limitation on liability provided by W.S. 14-2-203 or any other law that limits the liability of parents for damages caused by an unemancipated minor.
(c) A conviction or a plea of guilty to a violation of W.S. 6-3-404(a) or (b) is not a prerequisite to the bringing of a civil suit under this section.
(d) An action to recover damages and any civil liability under this section may be brought in small claims court if the total amount of the demand for damages and any civil liability does not exceed the jurisdiction of that court, or in any other appropriate court.
(e) In order to recover damages and any civil liability under this act, the merchant of the property shall also notify law enforcement officials.
Credits
Laws 1993, ch. 61, § 1.
Codifications: W.S. 1977, § 1-1-126.
Notes of Decisions (1)
Current through the 2011 General Session
West’s Wyoming Statutes Annotated
Title 6. Crimes and Offenses
Chapter 3. Offenses Against Property
Article 4. Larceny and Related Offenses (Refs & Annos)
W.S.1977 § 6-3-404
§ 6-3-404. Shoplifting; altering or removing price tags and markers; penalties
Currentness:
(a) A person who willfully conceals or takes possession of property offered for sale by a wholesale or retail store without the knowledge or consent of the owner and with intent to convert the property to his own use without paying the purchase price is guilty of:
(i) A felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if the value of the property is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, § 3.
(iii) A misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, if the value of the property is less than one thousand dollars ($1,000.00).
(b) A person who alters, defaces, changes or removes a price tag or marker on or about property offered for sale by a wholesale or retail store with intent to obtain the property at less than the marked or listed price is guilty of:
(i) A felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if the difference between the marked or listed price and the amount actually paid is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, § 3.
(iii) A misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, if the difference between the marked or listed price and the amount actually paid is less than one thousand dollars ($1,000.00).
Credits
Laws 1982, ch. 75, § 3; Laws 1983, ch. 171, § 1; Laws 1984, ch. 44, §§ 2, 3; Laws 2004, ch. 126, § 1, eff. July 1, 2004.
Current through the 2011 General Session