Shoplifting, Larceny, Robbery, Theft Statute of Limitation

[psc520aka]

Is there a statute of limitation on theft of merchandise? I believe it is Code of Alabama Section 6-5-271. The individual was a minor at the time. The item(s) was recovered and the court placed the teen on probation for 6 months, requested a letter of apology from the teen to the store, and a short paper on shoplifting. Now 2 years and 3 months later the company is requesting that the parents pay $200 under civil law. Are they within their legal rights to do this?

 

[Michael Wechsler]

Is there a statute of limitation on theft of merchandise? I believe it is Code of Alabama Section 6-5-271. The individual was a minor at the time. The item(s) was recovered and the court placed the teen on probation for 6 months, requested a letter of apology from the teen to the store, and a short paper on shoplifting. Now 2 years and 3 months later the company is requesting that the parents pay $200 under civil law. Are they within their legal rights to do this?

Is this the state code you are talking about?

Section 6-5-271
Liability for theft or attempted theft; liability of parents of unemancipated minor; liability for defrauding an eating establishment; liability of foster home.
(a) An adult or emancipated minor who commits or attempts to commit a theft of property consisting of goods for sale on the premises of a merchant in violation of Sections 13A-8-3, 13A-8-4, or 13A-8-5, shall be civilly liable to the merchant in an amount consisting of all of the following:

(1) The full retail value of the merchandise if not recovered in merchantable condition at its full retail price.

(2) Expenses for recovery of the merchandise in the amount of $200.

(3) Reasonable attorney's fees and court costs not to exceed $1000.

(b) Parents or legal guardians of an unemancipated minor under the age of 19 shall be liable in a civil action for the minor who commits or attempts to commit a theft of property consisting of goods for sale on the premises of a merchant in violation of Sections 13A-8-3, 13A-8-4, or 13A-8-5, to the merchant in an amount consisting of all of the following:

(1) The full retail value of the merchandise if not recovered in merchantable condition at its full retail price.

(2) Expenses for recovery of the merchandise in the amount of $200.

(3) Reasonable attorney's fees and court costs not to exceed $1000.

(4) Parents or legal guardians of an unemancipated minor under the age of 19 shall only be liable in a civil action in any calender year for up to three offenses under the provisions of this article with a maximum liability of $750 for each offense.

(c) A customer who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves with the intent to defraud the eating establishment, without paying for the meal is subject to liability under this section, if such meal is received by the customer in a good and merchantable condition.

(d) Persons operating a certified foster home are not liable under this section for the acts of children not related to them by blood or marriage who are under their care, nor shall parents or legal guardians whose child is not living with them or where the juvenile violates Sections 13A-8-3, 13A-8-4 or 13A-8-5, with the intent to make the parent or legal guardian liable, be held liable under this article.

(Acts 1993, No. 93-676, §2.)

 

[Michael Wechsler]

Let's first discuss the difference between criminal and civil actions. Criminal can only be brought by the state and there is the possibility of cash fines and imprisionment. You cannot bring such an action, on the district attorney in your jurisdiction.

This is a civil action for money. The store is apparently seeking money to compensate them for efforts for the amount stolen. I highly doubt the statute of limitations is a bar for recovery and usually it's anywhere from 2-6 years and it also accrues from the time that the statute of limitations begins to run, not necessarily the date of the crime. For example, you can't know attorneys fees until the case is concluded and the statute of limitations to collect would likely begin when that amount can be determined and the case is concluded. Good luck to you and your child. I hope things work out.