Section 537.127

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 537

Effective - 01 Jan 2017, see footnote   

  537.127.  Stealing, civil liability — parent or guardian civilly liable for minor's stealing — conversion of shopping carts, penalty. — 1.  As used in this section, the following terms mean:

  (1)  "Actual damages", the full retail value of any merchandise which is taken or which has its price altered in a manner described in subsection 2 of this section, plus any proven incidental costs to the owner of the merchandise not to exceed one hundred dollars;

  (2)  "Mercantile establishment", any place where merchandise is displayed, held or offered for sale either at retail or at wholesale;

  (3)  "Merchandise", all things movable and capable of manual delivery and offered for sale either at retail or wholesale;

  (4)  "Unemancipated minor", an individual under the age of eighteen years whose parents or guardian have not surrendered the right to the care, custody and earnings of such individual, and are under a duty to support or maintain such individual.

  2.  An adult or a minor who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price and with the intention of converting such merchandise to his own use, or the use of another, or who purchases merchandise after altering the price indicia of such merchandise, shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of not less than one hundred dollars nor more than two hundred fifty dollars and all court costs and reasonable attorney fees.

  3.  The parents or guardian having physical custody of an unemancipated minor, who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price and with the intention of converting such merchandise to his own use, or the use of another, or who purchases merchandise after altering the price indicia of such merchandise, shall be civilly liable to the owner for actual damages, provided that a parent or guardian shall not be liable if they have not had physical custody for a period in excess of one year.

  4.  Notwithstanding the provisions of subsections 2 and 3 of this section, any person who, without the consent of the owner, takes possession of a shopping cart from any mercantile establishment with the intent to convert such shopping cart to his own use or the use of another shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of one hundred dollars and all court costs and reasonable attorney fees.

  5.  A conviction under section 570.030 shall not be a condition precedent to maintaining a civil action pursuant to the provisions of this section.

  6.  No owner or agent or employee of the owner may attempt to gain an advantage in a civil action by threatening to initiate a criminal prosecution pertaining to the same incident.

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(L. 1990 H.B. 948, A.L. 2014 S.B. 491)

Transferred 2014; formerly 570.087; Effective 1-01-17