Legal Question in Criminal Law in Michigan

Re: Shoplifting

The statute is MCL 600.2953. It says in part that:

"(1) In addition to applicable penal sanctions, a person who commits an act for which he or she could be charged with retail fraud in the first, second, or third degree under MCL 750.356c and 356d (Retail Fraud) is liable to the merchant who is the victim of the act for the full retail price of unrecovered property or recovered property that is not in salable condition, and civil damages of 10 times the retail price of the property, but not less than $50.00 and not more than $200.00.

"(2) The merchant who is the victim of retail fraud in the first, second, or third degree, or an agent of the merchant, may make a written demand for payment of the amount for which the person who committed the act is liable under subsection (1). Except for a sole proprietorship, a member of management, other than the initial detaining person, shall evaluate the validity of the accusation that the person committed the act and shall approve the accusation in writing before a written demand for payment is issued. The demand for payment may be delivered to the person from whom payment is demanded by first-class mail..."

(4) A person who commits an act described in subsection (1) and who fails to comply with a written demand under subsection (2) is liable to the merchant for the full retail price of the property, unless the property was recovered in salable condition, plus civil damages of 10 times the retail price of the property but not less than $50.00 or more than $200.00, and costs of the action, including reasonable attorney fees..."

You can read the full text at www.michiganlegislature.org.

The civil recovery fee to the store does not mean that the person cannot be charged criminally. They are two separate issues: one controlled by the store and the other by the prosecutor.