(A) Petty larceny consists of the stealing of anything of value of $100 or less which belongs to another.
(B) Shoplifting consists of any one or combination of the following acts:
(1) Willfully taking possession of any merchandise with the intention of converting it without paying for it.
(2) Willfully concealing any merchandise with the intention of converting it without paying for it.
(3) Willfully altering any label, price tag, or marking upon any merchandise with the intention of depriving the merchant of all or some part of the value of it.
(4) Willfully transferring any merchandise from the container in or on which it is displayed to any other container with the intention of depriving the merchant of all or some part of the value of it.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MERCHANDISE. Chattels of any type or description of the value of $100 or less offered for sale in or about a store.
MERCHANT. Any owner or proprietor of any store or any agent, servant or employee of the owner or proprietor.
STORE. A place where merchandise is sold or offered to the public for sale or retail.
(D) Presumption created. Any person who willfully conceals merchandise on his person or on the person of another or among his belongings or the belongings of another or on or outside the premises of the store shall be prima facie presumed to have concealed the merchandise with the intention of converting it without paying for it. If any merchandise is found concealed upon any person or among his belongings it shall be prima facie evidence of willful concealment.
(E) Reasonable detention.
(1) If any police officer, special officer or merchant has probable cause for believing that a person has willfully taken possession of any merchandise with the intention of converting it without paying for it, or has willfully concealed merchandise and that he can recover the merchandise by detaining the person or taking him into custody, police officers, special officers, or merchant may for the purpose of attempting to effect a recovery of the merchandise take a person into custody and detain him in a reasonable manner for a reasonable time.
(2) Any police officer may arrest without warrant any person he has probable cause for believing has committed the crime of shoplifting.
('74 Code, § 12-1-3-2) (Ord. 96-1973) Penalty, see § 12-1-99