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Retail Theft by a Minor in Illinois

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  • 09-18-2011, 02:47 PM
    freddycat2@yahoo.com
    Retail Theft by a Minor in Illinois
    My question involves criminal law for the state of: Illinois
    My minor child (age 17) got caught attempting to steal $109 of merchandise from Macys. Macy’s recovered their merchandise undamaged. States attorney is not filing charges. Macy Loss Prevention aggressively wants $500 to recover civil damages. I'm ticked and don't want to pay Macys. We've severely punished our child. Should I pay the $500? What will happen if I don’t pay? The letter says I could be responsible for attorney fees and court costs. What should I do?
  • 09-18-2011, 03:28 PM
    Security Consultant
    Re: Retail Theft by a Minor in Illinois
    Here's the section of the Illinois statute that addresses your question - Sec. 16A-7. Civil Liability.

    (a) A person who commits the offense of retail theft as defined in Section 16A-3 paragraphs (a), (b) or (c) of this Code, shall be civilly liable to the merchant of the merchandise in an amount consisting of:

    (i) actual damages equal to the full retail value of the merchandise as defined herein; plus

    (ii) an amount not less than $100 nor more than $1,000; plus

    (iii) attorney’s fees and court costs.

    (b) If a minor commits the offense of retail theft, the parents or guardian of said minor shall be civilly liable as provided in this Section; provided, however that a guardian appointed pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 shall not be liable under this Section. Total recovery under this Section shall not exceed the maximum recovery permitted under Section 5 of the “Parental Responsibility Law”, approved October 6, 1969, as now or hereafter amended.

    (c) A conviction or a plea of guilty to the offense of retail theft is not a prerequisite to the bringing of a civil suit hereunder.

    (d) Judgments arising under this Section may be assigned.

    What very well may happen if you decided to not pay is the retailer takes the matter to civil court and obtains a judgment. By that time the fine amount will have increased and a judgment make include attorney fees.
  • 09-18-2011, 07:26 PM
    PandorasBox
    Re: Retail Theft by a Minor in Illinois
    As you see above, that civil demand could have been $1000. If the letter you have is not paid, they can easily increase the amount to $1000. If still not paid, they will take you to Civil Court....and add in attorney fees (which can run $200/hour).

    Shoplifting is expensive.
    Here's where some of the money goes:

    It took store personnel to detain your child. Atleast 2 Loss Prevention Staff (who would not be needed if people did not steal), and likely a store manager. The store has to hire these people, pay them, give them benefits, and pay an insurance in case they get injured on the job. See all those pretty security cameras around the store to tape thiefs? They are not cheap. While your kid was stealing items, the store may have lost sales as when your kid was stealing items, they were not available for customers to purchase. And yes, a portion goes toward the shoplifters who got away.

    You've said you've already punished her...that should include making her take a job to pay you back for the bills you are facing now.
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