(a) Whoever intentionally alters indicia of price or value of merchandise or takes and carries away, transfers, conceals, or retains possession of merchandise held for resale by a merchant without consent and with intent to deprive the merchant permanently of possession or the full purchase price may be penalized as provided in subsection (d) below.
(b) The intentional concealment of unpurchased merchandise which continues from one floor to another or beyond the last station for receiving payments in a merchant’s store is evidence of intent to deprive the merchant permanently of possession of such merchandise without paying the purchase price thereof. The discovery of unpurchased merchandise concealed upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing such goods.
(c) (1) A merchant or merchant’s adult employee who has probable cause for believing that a person has violated this section in his or her presence may detain such person in a reasonable manner for a reasonable length of time to deliver him or her to a peace officer, or to his or her parent or guardian if a minor.
(2) The detained person must be promptly informed of the purpose for the detention and may make phone calls, but he or she shall not be interrogated or searched against his or her will before the arrival of a police officer who may conduct a lawful interrogation of the accused person. Compliance with this subsection (c) entitles the merchant or his or her employee affecting the detention to the same defense in any action as is available to a peace officer making an arrest in the line of duty.
(d) If the value of the merchandise does not exceed $500, any person violating this section shall forfeit not more than $200. If the value of the merchandise exceeds $500, this section shall not apply and the matter shall be referred to the District Attorney for criminal prosecution.
(Prior Code, § 11-3-6)
Statutory reference:
Similar provisions, see Wis. Stats. § 943.50