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CHAPTER #39: THEFT

CHAPTER #39: THEFT. 3929 RETAIL THEFT. OFFENSE DEFINED. Takes possession of merchan-dise with intent to deprive Alters, transfers or removes labels Switches containers with intent to deprive. OFFENSE (con’t). Under-rings with intent to deprive

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CHAPTER #39: THEFT

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  1. CHAPTER #39: THEFT 3929 RETAIL THEFT

  2. OFFENSE DEFINED • Takes possession of merchan-dise with intent to deprive • Alters, transfers or removes labels • Switches containers with intent to deprive

  3. OFFENSE (con’t) • Under-rings with intent to deprive • Destroys, renders inopera-tive any security system with intent to deprive

  4. GRADING: 3929 • Summary: first offense and value under $150 • M-2: second offense and value less than $150 • M-1: first or second offense and value over $150

  5. F-3 if the following Third or more offenses Over $2000 Vehicle or Firearm

  6. AGGREGATION All products stolen are added together for value

  7. PRESUMPTIONS • Intentional concealment inside or out is primi facie for intent to de-prive

  8. EVIDENCE • Recovery of merchandise not critical for success-ful prosecu-tion

  9. DETENTION • With probable cause may de-tail in a reasonable manner for a reasonable time to: • 1.Identifyand verify actor • 2. Investigate andrecover un-purchased items

  10. DETENTION 3. Notify police or 4. Private prosecution

  11. JUDICIAL REDUCTION PROHIBITED

  12. DEFINITIONS • Conceal: not visible through ordinary means • Full RetailValue: adver-tised price

  13. DEFINITIONS (con’t) • Merchandise: goods for sale • Merchant: owner, worker • Premises: in-side & outside

  14. DEFINITIONS • Store: where merchandise offered sale • Under-ring: charge less that full retail price

  15. FINGERPRINTING • Age 16 and older within five days of issuing order

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