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16-122-101. Liability of adult, employee, and parent.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-122-101. Liability of adult, employee, and parent.
(a) An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intention of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in § 16-122-102.
(b) An employee who takes possession of any cash, goods, wares, or merchandise without the consent of the owner or seller, and with the intent of converting such cash, goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in § 16-122-102 in addition to the actual amount of any cash not returned or recovered.
(c)(1) The parent or legal guardian having custody of an unemancipated minor under eighteen (18) years of age and over six (6) years of age who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intent of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in § 16-122-102; provided, for the purpose of this subsection, liability shall not be imposed upon any government entity or private agency which has been assigned any responsibility for the minor child pursuant to court order or action of the Department of Human Services.
(2) However, no parent or legal guardian shall be civilly lia
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-122-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-122-101
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8e1d9e8c1f7f864c040758d7d2a1dcaf538430fae1735f1edc23b0b49a51702f
Source location: content.xml paragraph 49339
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16-122-101. Liability of adult, employee, and parent.
(a) An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intention of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in § 16-122-102.
(b) An employee who takes possession of any cash, goods, wares, or merchandise without the consent of the owner or seller, and with the intent of converting such cash, goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in § 16-122-102 in addition to the actual amount of any cash not returned or recovered.
(c)(1) The parent or legal guardian having custody of an unemancipated minor under eighteen (18) years of age and over six (6) years of age who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intent of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in § 16-122-102; provided, for the purpose of this subsection, liability shall not be imposed upon any government entity or private agency which has been assigned any responsibility for the minor child pursuant to court order or action of the Department of Human Services.
(2) However, no parent or legal guardian shall be civilly liable under the provisions of this subsection for any offense committed by an unemancipated minor under eighteen (18) years of age and over six (6) years of age who has not been in his or her physical custody for the thirty (30) days preceding the offense.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-122-102. Written demand required — Amount of damages.
(a) Under the provisions of this chapter, the owner or seller shall issue a written demand letter by certified mail for the return of the merchandise or, only if the merchandise has not been returned or recovered, its retail cash equivalent, and a penalty in the amount of two hundred dollars ($200) for an adult to the last known address of the adult.
(b) If the individual to whom the written demand is sent complies with the terms of the demand letter within thirty (30) days of the receipt of the letter, that individual shall not be subject to further civil liability with respect to that specific act of retail theft.
(c)(1) If the individual to whom the written demand is sent does not comply within thirty (30) days of the receipt of a demand letter, then the owner or seller may bring an action against the individual for the recovery of civil damages and penalties in any court of competent jurisdiction if the total damages do not exceed the jurisdictional limit of that court.
(2) In an action brought under this subsection, the owner or seller may recover the following:
(A) Civil damages in an amount equal to the retail value of the merchandise if the merchandise is not recovered or returned, or if the merchandise is recovered or returned, civil damages in an amount equal to the difference between the market value of the recovered or returned merchandise and the retail value of the recovered or returned merchandise;
(B) A civil penalty of up to one thousand dollars ($1,000) for an adult;
(C) Court costs; and
(D) A reasonable attorney's fee.
(d) This section does not apply to juveniles subject to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-122-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-122-102. This identifies an authority to review, not proof of applicability.