Consequences of 5th Degree Theft
My question involves criminal law for the state of: Iowa
I was recently caught shoplifting from Von Maur, I stole $88 worth of merchandise which is 5th degree theft. I'm also a minor, they mentioned a charge Von Maur would be sending to me? I'm wondering how much this charge will be. I also want to know if they would take such a simple misdemeanor to court. My friend and I complied with all the things they asked for us to do. There was also mention of a YJI program or class we would have to take? What is this?
Re: Consequences of 5th Degree Theft
By "charge" you mean a civil demand?
Quote:
Quoting Iowa Code, Sec. 645.3. Liability.
1. A person who knowingly and without claim of right wrongfully appropriates, takes possession of, or alters the price indicia of merchandise of a mercantile establishment without the consent of the owner and with the intent to convert the merchandise to the person’s own use without having paid the full purchase price for it, is liable for:
a. The return of the merchandise or the purchase price of the merchandise, provided that the merchandise is not evidence in a criminal proceeding under chapter 714.
b. Actual damages for any decrease in value of the merchandise returned.
c. The greater of fifty dollars or actual costs, not to exceed two hundred dollars, incurred by the owner in recovering the merchandise or damages pursuant to this chapter.
2. Damages awarded under this section shall be reduced by any amount received by the owner pursuant to court ordered restitution under chapter 232A or 910.
3. The parent or parents of an unemancipated minor child under the age of eighteen years are liable for any judgment awarded against the child pursuant to subsection 1 in accordance with, and subject to the limits established in, section 613.16.
Obviously, any time you choose to commit a crime you can be prosecuted. Obviously it benefits stores to prosecute thieves. If your case isn't referred to the police and courts, you can consider yourself very lucky.
YJI is the Youth Justice Initiative. If you are referred to the YJI by law enforcement, you can expect that they will perform a home visit to determine if you are appropriate for participation. The program is designed as an intensive effort to rehabilitate young offenders and, if you successfully complete the program, you will get an expungement at the end of the process.