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Shoplifting, Larceny, Robbery, Theft Shoplifting in nh
- Thread Starter Norma
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shrinkmaster
Well-Known Member
I am a retail theft consultant and answer questions like yours daily. The retailer (you should not have named) getting items back does not impact charge. You will likely be charged with theft in accordance to NH law.
New Hampshire Shoplifting Laws
644:17 Willful Concealment and Shoplifting.
I. A person is guilty of willful concealment if, without authority, he willfully conceals the goods or merchandise of any store while still upon the premises of such store. Goods or merchandise found concealed upon the person shall be prima facie evidence of willful concealment.
II. A person is guilty of shoplifting if, with the purpose of depriving a merchant of goods or merchandise, he knowingly:
(a) Removes goods or merchandise from the premises of a merchant; or
(b) Alters, transfers, or removes any price marking affixed to goods or merchandise; or
(c) Causes the cash register or other sales recording device to reflect less than the merchant's stated or advertised price for the goods or merchandise; or
(d) Transfers goods or merchandise from the container in which such goods or merchandise were intended to be sold to another container.
III. As used in this section:
(a) "Merchant" means the owner or operator of any place of business where merchandise is displayed, held, or stored, for sale to the public, or any agent or employee of such owner or operator.
(b) "Purpose to deprive" means to have the conscious object to appropriate the goods or merchandise of a merchant without paying the merchant's stated or advertised price.
IV. Willful concealment shall be a misdemeanor. The penalty for shoplifting shall depend on the value of the property, as provided in RSA 637:11. As used in this section, "value" shall be determined in accordance with RSA 637:2, V.
544-C:1 Recovery of Civil Damages for Shoplifting.
I. For purposes of this chapter, "shoplifting" shall mean shoplifting or willful concealment as defined in RSA 644:17.
II. A person who shoplifts shall be liable for civil damages to the merchant in the amount of $200 plus the merchandise or the value of the merchandise if it has been damaged or rendered unrecoverable.
III. A merchant may recover civil damages for shoplifting by bringing suit in a district court or by executing a settlement agreement in the form set out in paragraph IV of this section.
IV. A merchant and a person accused of shoplifting by such merchant may agree to execute a civil settlement agreement for $200 in civil damages, plus the return of the merchandise or the replacement value of the merchandise within 60 days of the date the agreement is signed. The form of the settlement agreement shall be as follows:
Settlement of Claim for Taking Merchandise Without Payment
The undersigned, __________, having failed to pay for certain merchandise, more specifically described as follows __________, hereby agrees to pay, within 60 days of the date this agreement is signed, civil damages in the amount of $200, plus the merchandise or the replacement value of the merchandise. The parties agree that this payment shall constitute full and complete payment of damages to the following establishment __________. The following establishment __________ agrees to waive any and all claims it may have for civil damages.
Nothing in this agreement shall constitute an admission of guilt for purposes of criminal law. If this agreement is signed and payment is made in full within 60 days, no police report or criminal complaint will be filed by the merchant relative to this incident. However, nothing in this agreement can or will bar the state of New Hampshire from instituting such criminal prosecutions as it deems necessary.
New Hampshire Shoplifting Laws
644:17 Willful Concealment and Shoplifting.
I. A person is guilty of willful concealment if, without authority, he willfully conceals the goods or merchandise of any store while still upon the premises of such store. Goods or merchandise found concealed upon the person shall be prima facie evidence of willful concealment.
II. A person is guilty of shoplifting if, with the purpose of depriving a merchant of goods or merchandise, he knowingly:
(a) Removes goods or merchandise from the premises of a merchant; or
(b) Alters, transfers, or removes any price marking affixed to goods or merchandise; or
(c) Causes the cash register or other sales recording device to reflect less than the merchant's stated or advertised price for the goods or merchandise; or
(d) Transfers goods or merchandise from the container in which such goods or merchandise were intended to be sold to another container.
III. As used in this section:
(a) "Merchant" means the owner or operator of any place of business where merchandise is displayed, held, or stored, for sale to the public, or any agent or employee of such owner or operator.
(b) "Purpose to deprive" means to have the conscious object to appropriate the goods or merchandise of a merchant without paying the merchant's stated or advertised price.
IV. Willful concealment shall be a misdemeanor. The penalty for shoplifting shall depend on the value of the property, as provided in RSA 637:11. As used in this section, "value" shall be determined in accordance with RSA 637:2, V.
544-C:1 Recovery of Civil Damages for Shoplifting.
I. For purposes of this chapter, "shoplifting" shall mean shoplifting or willful concealment as defined in RSA 644:17.
II. A person who shoplifts shall be liable for civil damages to the merchant in the amount of $200 plus the merchandise or the value of the merchandise if it has been damaged or rendered unrecoverable.
III. A merchant may recover civil damages for shoplifting by bringing suit in a district court or by executing a settlement agreement in the form set out in paragraph IV of this section.
IV. A merchant and a person accused of shoplifting by such merchant may agree to execute a civil settlement agreement for $200 in civil damages, plus the return of the merchandise or the replacement value of the merchandise within 60 days of the date the agreement is signed. The form of the settlement agreement shall be as follows:
Settlement of Claim for Taking Merchandise Without Payment
The undersigned, __________, having failed to pay for certain merchandise, more specifically described as follows __________, hereby agrees to pay, within 60 days of the date this agreement is signed, civil damages in the amount of $200, plus the merchandise or the replacement value of the merchandise. The parties agree that this payment shall constitute full and complete payment of damages to the following establishment __________. The following establishment __________ agrees to waive any and all claims it may have for civil damages.
Nothing in this agreement shall constitute an admission of guilt for purposes of criminal law. If this agreement is signed and payment is made in full within 60 days, no police report or criminal complaint will be filed by the merchant relative to this incident. However, nothing in this agreement can or will bar the state of New Hampshire from instituting such criminal prosecutions as it deems necessary.
mightymoose
Moderator
If you were caught and police have not already been involved, they likely will not be, and there will be no criminal charge.
What there will be is a letter requesting you pay a few hundred dollars to make amends. If you receive this letter consider taking it to a local attorney for some quick advice as to whether or not you should pay it. It is not a bill or a fine and you have no legal obligation to pay it unless ordered to by a court. They will rely on scare tactics to get you to pay because it is far cheaper than trying to drag every petty thief in front of a judge.
Your situation is more of a civil matter now than a criminal one. Police involvement or criminal court action is unlikely.
What there will be is a letter requesting you pay a few hundred dollars to make amends. If you receive this letter consider taking it to a local attorney for some quick advice as to whether or not you should pay it. It is not a bill or a fine and you have no legal obligation to pay it unless ordered to by a court. They will rely on scare tactics to get you to pay because it is far cheaper than trying to drag every petty thief in front of a judge.
Your situation is more of a civil matter now than a criminal one. Police involvement or criminal court action is unlikely.
Betty3
Well-Known Member
You didn't say if the police were involved or not. If they were & you were arrested, you want to get a lawyer. If you can't afford a lawyer, ask the court if they will appoint you a public defender. If the police were not involved, you will most likely just receive a civil demand letter. If you pay the civil demand, the store most likely will not pursue further. If you don't pay, there "might be" additional consequences. Only you can decide whether to pay it.
shrinkmaster
Well-Known Member
I respectfully disagree. Civil Demand is state law so yes there is a legal obligation to pay. Yes there is no order at this point. However like an unpaid bull if it goes to court it gets very very expensive. I suggest you read this http://www.parentnook.com/forum/viewtopic.php?f=161&t=3934
mightymoose
Moderator
No. The law only provides that the merchant can request the payment and settle the matter (which is silly because they can do exactly that without the law). It does not require the accused to pay a penny, even if they signed and promised they would, and does not provide any penalty for failure to pay. There is no legal obligation to pay whatsoever until a judge orders it.
shrinkmaster
Well-Known Member
As I said the letter at that point is NOT AN order but the law permits such. If the OP ignores letter the few hundred dollars can turn into a thousand very quickly. Its a risk even if small they must consider before following advice to ignore the law even if civil law. The link provided helps shed some light on that and possible consequences
mightymoose
Moderator
No law is needed to permit one party to send a letter to another.
What you did say is that there is a legal obligation to pay the demand, which is approximately 10 million percent false.
The possibility that a court order might result in a higher amount makes a good incentive to pay the demand, but in this country the accused are entitled to a trial by a jury of their peers and are innocent until proven guilty in court. It is every person's absolute right to refuse to pay a civil demand regardless of the circumstances.
As we have discussed in the past, the demand letter has no more legal weight or obligation to pay than the same letter written by the third grader next door. It is nothing more than a fancy worded "pretty please pay us so we don't lose more money trying to handle this in court where we might have to justify the amounts we demand".
What you did say is that there is a legal obligation to pay the demand, which is approximately 10 million percent false.
The possibility that a court order might result in a higher amount makes a good incentive to pay the demand, but in this country the accused are entitled to a trial by a jury of their peers and are innocent until proven guilty in court. It is every person's absolute right to refuse to pay a civil demand regardless of the circumstances.
As we have discussed in the past, the demand letter has no more legal weight or obligation to pay than the same letter written by the third grader next door. It is nothing more than a fancy worded "pretty please pay us so we don't lose more money trying to handle this in court where we might have to justify the amounts we demand".
shrinkmaster
Well-Known Member
As we stated before Civil demand is on law books in all 50 states and Ca and UK. It IS law and there can be consequences for not paying. I continue to be astounded how a member of law enforce can condone ignoring law even civil law and lat the innocent pay for the crimes of others
mightymoose
Moderator
The consequences for not paying do not come until a judge orders payment. It is not until that point anyone is required to do anything.
I do not condone ignoring the law- I only point out that the law does not carry an obligation to pay anything. It has no teeth. The law is only permissive/procedural in that it allows (or encourages) the involved parties to settle petty business among themselves and not tie up court resources. The law does not require the accused to pay any more than it requires the merchant to issue the demand.
Also, the innocent already pay for the crimes of others via price markups. This is where the bulk of most losses is made up. Civil demand fees that are actually collected likely don't pay for much more than legal fees and collection efforts.
It is unfortunate that such simple concepts of civil liberties are not more easily recognized and practiced.
I do not condone ignoring the law- I only point out that the law does not carry an obligation to pay anything. It has no teeth. The law is only permissive/procedural in that it allows (or encourages) the involved parties to settle petty business among themselves and not tie up court resources. The law does not require the accused to pay any more than it requires the merchant to issue the demand.
Also, the innocent already pay for the crimes of others via price markups. This is where the bulk of most losses is made up. Civil demand fees that are actually collected likely don't pay for much more than legal fees and collection efforts.
It is unfortunate that such simple concepts of civil liberties are not more easily recognized and practiced.
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