76-6-602. Retail theft, acts constituting.
A person commits the offense of retail theft when he knowingly:
(1) Takes possession of, conceals, 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 such merchandise or with the intention of depriving
the merchant permanently of the possession, use or benefit of such merchandise without paying
the retail value of such merchandise; or
(2) Alters, transfers, or removes any label, price tag, marking, indicia of value or any
other markings which aid in determining value of any merchandise displayed, held, stored or
offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise
personally or in consort with another at less than the retail value with the intention of depriving
the merchant of the retail value of such merchandise; or
(3) Transfers any merchandise displayed, held, stored or offered for sale in a retail
mercantile establishment from the container in or on which such merchandise is displayed to any
other container with the intention of depriving the merchant of the retail value of such
merchandise; or
(4) Under-rings with the intention of depriving the merchant of the retail value of the
merchandise; or
(5) Removes a shopping cart from the premises of a retail mercantile establishment with
the intent of depriving the merchant of the possession, use or benefit of such cart.
Enacted by Chapter 78, 1979 General Session
Download Code Section Zipped WordPerfect 76_06_060200.ZIP 2,119 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Wednesday, July 23, 2008