(A) Whoever, without authority, with the intention of converting goods or merchandise to his or her own or another’s use without having paid the full purchase price, or of defrauding the owner of the value of the goods or merchandise:
(1) Willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment;
(2) Alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another; or
(3) Counsels, assists, aids, or abets another in the performance of any of the above acts; shall, if the value of the goods or merchandise is less than $200, be deemed guilty of larceny. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises, shall be prima facie evidence of an intent to convert and defraud the owner out of the value of the goods or merchandise.
(B) (1) A merchant, agent, or employee of the merchant who causes the arrest or detention of any person pursuant to the provisions of VA Code §§ 18.2-95 or 18.2-96, or this section shall not be held civilly liable for unlawful detention, if such detention does not exceed one hour, slander, malicious prosecution, false imprisonment, false arrest, or assault and battery of the person so arrested or detained, whether such arrest or detention takes place on the premises of the merchant, or after close pursuit from such premises by such merchant, his or her agent, or employee, provided that, in causing the arrest or detention of such person, the merchant, agent, or employee of the merchant had at the time of such arrest or detention probable cause to believe that the person had shoplifted or committed willful concealment of goods or merchandise.
(2) As used in this division (B), AGENTS OF THE MERCHANT shall include attendants at any parking lot owned or leased by the merchant, or generally used by customers of the merchant through any contract or agreement between the owner of the parking lot and the merchant.
(1998 Code, § 38-32) Penalty, see § 131.99
Statutory reference:
Similar provisions, see VA Code §§ 18.2-103 through 18.2-106