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Old 04-18-2014, 11:34 AM  
media
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Quote:
Originally Posted by baddog View Post
Even if he was shoplifting I never heard of any business being able to "fine" anyone for anything.
Lloyd, this has been very common merchant practice for a loooooong time in CA.. read CAL. PEN. CODE § 490.5

A lot of merchants will fine you up to $500 plus "costs" if you do not pay the fine, they will go after you civilly if you don't pay their fine.. Many places will detain you, take the stolen merchandise back, issue you a fine with paperwork, then release you without calling the police.. They do this because they can make a ton of money for the crap you stole or tried to steal... Its a racket, but it's legal for them to do in CA.. When I was a minor, I stole some CD's from a Payless Drugs, got caught on the way out by security.. Had to pay a $300 fine..

Soda, is Merchandise.. so this guy under CA law would be liable to fines imposed by the merchant.. but it looks like this happened in South Carolina.. So it would be up to SC penal code... but in CA, where you reside and I have resided this is common under 490.5 Sub section C as follows:

(c) When an adult or emancipated minor has unlawfully taken merchandise from a merchant's premises, or a book or other library materials from a library facility, the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the adult or emancipated minor shall be liable to the merchant for the retail value of the merchandise if it is not recovered in merchantable condition, or to a library facility for the fair market value of its book or other library materials. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies.
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