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 Virginia Beach
 Code of Ordinances
 Chapter 23. OFFENSES
 Article I. MISCELLANOUS OFFENSES

  § 23-32. Shoplifting.  

Latest version.

  • (a)

    Whoever, without authority, with the intention of converting goods or merchandise to his own or another's use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise:

    (1)

    Willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or

    (2)

    Alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or

    (3)

    Counsels, assists, aids or abets another in the performance of any of the above acts, shall be deemed guilty of larceny and, upon conviction thereof, shall be punished as hereinafter provided. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise.

    (b)

    Any person convicted for the first time of an offense under this section, when the value of the goods or merchandise involved in the offense is less than one thousand dollars ($1,000.00), shall be punished as for a Class 1 misdemeanor.

    (c)

    Any person convicted of an offense under this section, when the value of the goods or merchandise involved in the offense is less than one thousand dollars ($1,000.00), and it is alleged in the warrant or information on which such person is convicted, and admitted, or found by the jury or judge before whom such person is tried, that such person has been before convicted in the Commonwealth of Virginia for a like offense, regardless of the value of the goods or merchandise involved in the prior conviction, or for a violation of Code of Virginia, § 18.2-95 or 18.2-96 or section 23-31 of this Code, shall be confined in jail not less than thirty (30) days nor more than twelve (12) months.

    (d)

    Any person who has been convicted of violating the provisions of this section shall be civilly liable to the owner for the retail value of any goods and merchandise illegally converted and not recovered by the owner, and for all costs incurred in prosecuting such person under the provisions of this section. Such costs shall be limited to actual expenses, including the base wage of one employee acting as a witness for the prosecution, and suit costs. The total amount of allowable costs granted hereunder shall not exceed two hundred fifty dollars ($250.00), excluding the retail value of the goods and merchandise.

    (e)

    A merchant, agent or employee of the merchant, who causes the arrest of any person pursuant to the provisions of this section shall not be held civilly liable for unlawful detention, if such detention does not exceed one hour, slander, malicious prosecution, false imprisonment, false arrest or assault and battery of the person so arrested, whether such arrest takes place on the premises of the merchant or after close pursuit from such premises by such merchant, or the merchant's agent or employee; provided that, in causing the arrest of such person, the merchant, agent or employee of the merchant, had, at the time of such arrest, probable cause to believe that the person had shoplifted or committed willful concealment of goods or merchandise. For the purposes of this subsection, "agents of the merchant" shall include attendants at any parking lot owned or leased by the merchant, or generally used by customers of the merchant through any contract or agreement between the owner of the parking lot and the merchant.

    (Code 1965, § 23-27.2; Ord. No. 1081, 8-18-80; Ord. No. 1743, 10-19-87; Ord. No. 3576, 12-11-18; Ord. No. 3634, 7-21-20)

    State Law reference— Similar provisions, Code of Virginia, §§ 18.2-103—18.2-106. See § 18.2-104 for conditions under which the above offense is a felony.

(Code 1965, § 23-27.2; Ord. No. 1081, 8-18-80; Ord. No. 1743, 10-19-87; Ord. No. 3576, 12-11-18; Ord. No. 3634, 7-21-20)

State law reference

Similar provisions, Code of Virginia, §§ 18.2-103—18.2-106. See § 18.2-104 for conditions under which the above offense is a felony.