Legal Question in Criminal Law in Minnesota
shoplifting 604.14 Civil Liability for Theft
My daughter was caught shoplifting at a retail store. The stolen property was recovered. It never left the store nor was it damaged. They say we have to pay the retail value of the clothes even though they were returned. I read the statue and it is somewhat confusing. There is a portion that states ''If the merchandise is returned, the person is still held responsible for theft, but not the value of the merchandise''. Could you confirm? They said if we do not pay then we will get a letter from their attorney asking for payment. Thanks!
2 Answers from Attorneys
Re: shoplifting 604.14 Civil Liability for Theft
604.14 will grant the store punitive damages in the amount of the retail items taken, even if they were recovered.
Re: shoplifting 604.14 Civil Liability for Theft
First, on a misdemeanor theft charge, a conviction may often be avoided if it is a fisrst offense by seeking an agreement to suspend prosecution. An attorney can seek such an agreement for yoru daughter and, thereby, protect her record.
Under Minnesota law you are required to pay for the value of the item taken, even though the item was recovered.
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