11-105 – Larceny in Mercantile Establishments.

§ 11-105. Larceny  in  mercantile establishments. 1. When used in this
section, the term "mercantile  establishment"  shall  mean  a  place  or
vehicle  where  goods,  wares  or  merchandise are offered for sale or a
place or vehicle from which deliveries of goods,  wares  or  merchandise
are made.
  2.  When used in this section, the term "larceny" is an act heretofore
defined or known as common law larceny by trespassory taking as  defined
in  paragraph  (a) of subdivision two of section 155.05 of the penal law
committed against the property of a mercantile establishment.
  3. When used in this section, the term "emancipated minor" shall  mean
a  person  who  was  over  the age of sixteen at the time of the alleged
larceny and who was no longer a dependent of or  in  the  custody  of  a
parent or legal guardian.
  4.  In  any  proceeding brought under this section the burden of proof
shall be by a preponderance of the evidence.
  5. An adult or emancipated  minor  who  commits  larceny  against  the
property  of  a  mercantile establishment shall be civilly liable to the
operator of such establishment in an amount consisting of:
  (a)  the  retail  price  of  the  merchandise  if  not  recovered   in
merchantable  condition  up  to  an amount not to exceed fifteen hundred
dollars; plus
  (b) a penalty not to exceed the greater of five times the retail price
of the merchandise or seventy-five dollars; provided, however,  that  in
no event shall such penalty exceed five hundred dollars.
  6.  Parents  or  legal  guardians  of  an unemancipated minor shall be
civilly liable for said minor who commits larceny against  the  property
of  a  mercantile establishment to the operator of such establishment in
an amount consisting of:
  (a)  the  retail  price  of  the  merchandise  if  not  recovered   in
merchantable  condition  up  to  an amount not to exceed fifteen hundred
dollars; plus
  (b) a penalty not to exceed the greater of five times the retail price
of the merchandise or seventy-five dollars; provided, however,  that  in
no event shall such penalty exceed five hundred dollars.
  7.  A  conviction  or a plea of guilty for committing larceny is not a
prerequisite to the bringing of a civil suit, obtaining a  judgment,  or
collecting that judgment under this section.
  8.  The  fact that an operator of a mercantile establishment may bring
an action against an individual as provided in this  section  shall  not
limit the right of such merchant to demand, orally or in writing, that a
person  who is liable for damages and penalties under this section remit
the damages and penalties prior to the commencement of any legal action.
  9. In any action brought under subdivision six of  this  section,  the
court shall consider in the interest of justice mitigating circumstances
that  bear  directly upon the actions of the parent or legal guardian in
supervising the unemancipated minor who committed the larceny.
  10. An action for recovery of damages and penalties under this section
may be brought in any court of competent jurisdiction.
  11. The provisions of this section shall not be construed to  prohibit
or  limit  any  other  cause of action which an operator of a mercantile
establishment may have against a person who unlawfully takes merchandise
from the mercantile establishment.
  12. Any testimony or statements  of  the  defendant  or  unemancipated
minor  child of the defendant or any evidence derived from an attempt to
reach a civil settlement or from a civil proceeding brought  under  this
section  shall be inadmissible in any other court proceeding relating to
such larceny.