(A) A person commits the offense of retail theft when he knowingly:
(1) Takes possession of, carries away, transfers, or causes to be carried away or transferred, any merchandise displayed, held, stored, or offered for sale in a retail mercantile establishment with the intention of retaining the merchandise or with the intention of depriving the merchant permanently of the possession, use, or benefit of the merchandise without paying the full retail value of the merchandise;
(2) Alters, transfers, or removes any label, price tag, marking, indication of value, or any other markings which aid in determining the value affixed to any merchandise displayed, held, stored, or offered for sale, in a retail mercantile establishment, and attempts to purchase the merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of the merchandise;
(3) Transfers any merchandise displayed, held, stored, or offered for sale in a retail mercantile establishment, from the container in or on which the merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of the merchandise;
(4) Under-rings with the intention of depriving the merchant of the full retail value of the merchandise;
(5) Removes a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of removal with the intention of depriving the merchant permanently of the possession, use, or benefit of the cart;
(6) Represents to a merchant that he or another is the lawful owner of property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant; or
(7) Uses or possesses any theft detection shielding device or theft detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use, or benefit of any merchandise displayed, held, stored, or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise. A violation of this division (7) shall be a misdemeanor for a first offense and a felony for a second or subsequent offense, which shall be prosecuted under appropriate state law.
(B) Retail theft of property, the full retail value of which does not exceed $150, is a misdemeanor. Theft by emergency exit of property, the full retail value of which does not exceed $150, is a felony and shall be prosecuted under appropriate state law.
(1) A person who has been convicted of retail theft of property, the full retail value of which does not exceed $150, and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools or home invasion is guilty of a felony and shall be prosecuted under appropriate state law. A person who has been convicted of theft by emergency exit of property, the full retail value of which does not exceed $150, and who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools or home invasion is guilty of a felony and shall be prosecuted under appropriate state law.
(2) Any retail theft of property, the full retail value of which exceeds $150, is a felony, and shall be prosecuted under appropriate state law. Theft by emergency exit of property, the full retail value of which exceeds $150, is a felony, and shall be prosecuted under appropriate state law.
(Ord. 1065-88, passed 11-9-88) Penalty, see § 130.99