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A. Affirmative Defense: A detention as permitted in this section does not constitute an arrest or an unlawful restraint, as defined in 720 Illinois Compiled Statutes 10-3, nor shall it render the merchant liable to the person so detained.
B. Civil Liability: The parents or legal guardian of a minor who commits the offense of retail theft as herein defined shall be civilly liable for the full retail value or cost of repair or cost of replacement of the merchandise and actual damages not to exceed the limitations provided in section 5 of the "state Of Illinois parental responsibility law", approved October 6, 1969, as now or hereafter amended. A conviction or plea of guilty of the retail theft is not a prerequisite to the bringing of a civil suit hereunder. Recovery under this section may be had in addition to, and is not limited by, any other provision of law, which limits the liability of a parent or legal guardian for tortuous conduct of a minor.
C. Penalty: Retail theft of property, the full retail value of which does not exceed one hundred fifty dollars ($150.00) is punishable by fine of fifty dollars ($50.00) to one thousand dollars ($1,000.00) and/or public or community service, not to exceed one hundred twenty (120) hours. (2004 Code)