(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MERCHANDISE. Includes goods and wares.
OWNER OF MERCHANDISE. Includes the owner and any other person, firm or corporation having the right to offer the same for sale as agent, consignee or in other capacity under any agreement with the owner of such merchandise.
SHOPLIFTING. Consists of any one or more of the following acts:
(a) For any person willfully to take possession of any merchandise offered for sale by any store with the intention of converting the same to the use of such person without paying to the owner the value thereof;
(b) For any person willfully to conceal upon his or her person or otherwise any merchandise offered for sale by any store with the intention of converting the same to the use of such person without paying to the owner the value thereof;
(c) For any person willfully to alter any label, price tag or marking upon any merchandise offered for sale by any store with the intention of depriving the owner of all or some part of the value thereof; and/or
(d) For any person willfully to transfer any merchandise offered for sale by any store from the container in or on which the same shall be displayed to any other container with intent to deprive the owner of all or some part of the value thereof.
STORE. Any store or mercantile establishment in which merchandise is displayed for sale in such manner as to be readily accessible to persons shopping therein.
VALUE OF MERCHANDISE. The sale price of any merchandise which a person shall convert to his or her own use in committing an act of shoplifting defined in either divisions (a) or (b) of the definition for shoplifting, or in the event a person shall commit an act of shoplifting defined in either divisions (c) or (d) of the definition for shoplifting, then the VALUE OF MERCHANDISE shall mean the sale price of that part of the merchandise of which the owner has been deprived in consequence of the commission of such act of shoplifting.
(B) Concealment of merchandise. If any person shall willfully conceal upon his or her person or otherwise merchandise belonging to any store and for which such person has not paid the purchase price in full, either upon or away from the store premises, there shall be a prima facie presumption that such person has concealed such merchandise with the intent of converting the same to his or her own use within the meaning of the definition of shoplifting contained in division (A) above.
(C) Shoplifting to constitute breach of peace; detention.
(1) An act of shoplifting as defined herein, is hereby declared to constitute a breach of the peace and any owner of merchandise, his or her agent or employee, or any law enforcement officer, except a constable, who has reasonable ground to believe that a person has committed shoplifting, may detain such person in a reasonable manner and for a reasonable length of time not to exceed 30 minutes, for the purpose of investigating whether or not such person has committed or attempted to commit shoplifting.
(2) Such reasonable detention shall not constitute an arrest nor shall it render the owner of merchandise, his or her agent or employee, liable to the person detained.
(1991 Code, § 13-9.1) (Ord. passed 5-21-1981) Penalty, see § 130.999
Statutory reference:
For state law as to shoplifting, see W.Va. Code §§ 61-3A-1 et seq.