Shoplifting In Tennessee

yesterday i got caught trying to steal a pair of pants at Kohl's. i walked out the store and a lady followed me outside she introduced herself as Loss Prevention officer and told me to follow her back inside. in her office i gave the pants back to her, i signed a paper that said that i cant ever come back to their store and if i ever did it would be trasspassing. the LP took my picture, my address, and my number.. then she said that she will let me off with a warning, and is not going to call the police. then she escorted me to the door and said good luck. i apologized many times and left
i am 18, and from Tennessee... the LP didn't say anything about a civil demand or court or anything. the police were not called she just told me to never come back to that store.. what should i do now. please write back anyone

I do not know if Tennessee has a civil demand law.

If they do, then simply wait until such time that an attempt to collect such a penalty would not be allowed by law.

If they don't, then go on with your life.

Tennesse does allow for a civil fine:

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39-14-144. Civil liability of adult, parent or guardian for theft of retail merchandise by minor.

(a) If the appropriate district attorney general consents to use of this section as provided in subsection (i), in lieu of any criminal penalties imposed by § 39-14-105 for theft offenses, any adult or parent or guardian of a minor who willfully takes possession of merchandise from a retail merchant with the intent to convert the merchandise to personal use without paying the purchase price shall be subject to civil liability, should the merchant prevail, as follows:

(1) For the adult or emancipated minor:

(A) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise;
(B) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or
(C) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion; or

(2) For the parent or legal guardian having custody of an unemancipated minor who has been negligent in the supervision of the unemancipated minor:

(A) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise;
(B) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or
(C) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion.

(b) Civil liability under this section is not limited by any other law concerning the liability of parents or guardians or minors.


(c) A conviction for the offense of shoplifting is not a prerequisite to the maintenance of a civil action authorized by this section.


(d) The fact that a mercantile establishment may bring an action against an individual as provided in this section shall not limit the right of such establishment to demand, orally or in writing, that a person who is liable for damages and penalties under this section remit the damages prior to the consideration of the commencement of any legal action.


(e) An action for recovery of damages and penalties under this section may be brought in any court of competent jurisdiction, including a court of general sessions, if the total damages do not exceed the jurisdictional limit of the court involved.


(f) If a written agreement is entered into between the merchant and the person responsible for damages and penalties pursuant to this section concerning the liability of such person and the payment of such damages and penalties, the agreement and the contents thereof shall remain confidential as long as the parties to such agreement continue to adhere to its terms.


(g) The civil remedy conferred upon merchants by the provisions of this section shall not apply if the listed retail price of the merchandise taken was in excess of five hundred dollars ($500).


(h) Use of the civil remedy conferred upon merchants by the provisions of this section shall not be construed to be a violation of § 39-16-604, prohibiting the compounding of an offense.


(i) Any demand in writing or other document sent to the adult, parent or guardian of a minor covered by this section shall also be sent to the district attorney general of the judicial district in which the offense occurred. If the appropriate district attorney general has not, within ten (10) days from the date the document was sent, objected to the use of this section in lieu of criminal prosecution, such district attorney general shall be deemed to have consented to the use of this section by the mercantile establishment. If the mercantile establishment does not send a written demand or other document to such adult, parent or guardian, the district attorney general must be notified and must consent, either orally or in writing, to the use of this section in lieu of criminal prosecution.


(j) Whenever a retail merchant, the merchant's agent, or the merchant's employee apprehends an adult or minor who has committed theft as described in subsection (a), such merchant, agent, or employee shall not at such time enter into any written agreement to accept civil damages in lieu of criminal penalties or actually accept any such civil damages.

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okay thank you for your response
the charge for pants was $46 , is there a specific amount that they charge you for or contact police or court
and if they ask for a civil demand amount, is there a specific amount they ask me to pay?
right now i am just really worried, should i call the LP and ask her about it,
any suggestions

On a $46.00 theft my guess (its a guess) your Civil Demand will be around $300.00. Fars as criminal goes with no Police called its not likely however they can file those charges anytime with the statute of limitations which is one to two years

so what should i do right now, just wait

also thank you for replying so promptly

Thats all you can do when the letter comes pay the fine and this sad story should be over

i hope so
i have never been in trouble in my life, i don't care about the money, my parents would kill me, i am just really disappointed in my self because i could have just as easily paid for the pants myself. if i could take it back i definitely would. this is a first time i have done anything like this i am just so disappointed at my stupidity. also since the LP did not call police does that mean its not going on my record?

No, you won't have a record from this, just the record with the store in case you go back.

should i contact the store LP and ask her about the consequences and apologize. or any way of redemption

The store said they weren't going to press charges, so the police don't even know this happened (no criminal record).

If they send out a civil fine, it is between you and the store (no criminal record).

Well I suppose if you want to shop there again, you could try sending a letter of apology and ask permission to shop there in the future.

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Quoting imstilllost

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should i contact the store LP and ask her about the consequences and apologize. or any way of redemption

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You don't have to, but if it makes you feel better.

Otherwise just sit and wait.

the civil demand letter
is it going to be sent from the store or a law firm
and will is specifically list that i have been charged with theft
and how long does it usually take for it to be mailed to my address

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Quoting imstilllost

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the civil demand letter
is it going to be sent from the store or a law firm
and will is specifically list that i have been charged with theft
and how long does it usually take for it to be mailed to my address

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It could be either.

It could takes weeks to several months, or maybe one won't be sent at all.

It won't state you are being charged with theft, it will be a civil demand for money because of the theft.

ooh wow months,

thanks

Yes but it could come in a few days as well it depends on how busy the service sending the letter is

everybody should read what happy trails posted previously. It included this:

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(a) If the appropriate district attorney general consents to use of this section as provided in subsection (i), in lieu of any criminal penalties imposed by § 39-14-105 for theft offenses, any adult or parent or guardian of a minor who willfully takes

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re the amount:

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(C) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion; or

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so it would be limited to $100.

and finally:

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(i) Any demand in writing or other document sent to the adult, parent or guardian of a minor covered by this section shall also be sent to the district attorney general of the judicial district in which the offense occurred. If the appropriate district attorney general has not, within ten (10) days from the date the document was sent, objected to the use of this section in lieu of criminal prosecution, such district attorney general shall be deemed to have consented to the use of this section by the mercantile establishment. If the mercantile establishment does not send a written demand or other document to such adult, parent or guardian, the district attorney general must be notified and must consent, either orally or in writing, to the use of this section in lieu of criminal prosecution.

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so apparenlty the district attorney must be notified if the store intends on making such a demand.


as to it being "on our record" since the police will not have investigatd it nor will the courts have preosecuted it, I would doubt it would be reported on any criminal records search.

as to how long they have to make such a demand; don;t know but I would suspect for petit theft or anything of this nature that 1 year would not be unusual for time allowed to initiate prosecution for the offense so I would suspect the store has that same time allownace to make their demand.

That is right on, JK.

im confused so who is right

Happy posted your states Civil Demand law. Its not who is right the law is what it is

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Quoting jk

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everybody should read what happy trails posted previously. It included this:



re the amount:

so it would be limited to $100.

and finally:



so apparenlty the district attorney must be notified if the store intends on making such a demand.


as to it being "on our record" since the police will not have investigatd it nor will the courts have preosecuted it, I would doubt it would be reported on any criminal records search.

as to how long they have to make such a demand; don;t know but I would suspect for petit theft or anything of this nature that 1 year would not be unusual for time allowed to initiate prosecution for the offense so I would suspect the store has that same time allownace to make their demand.

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-so is this all correct ^

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Quoting imstilllost

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-so is this all correct ^

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Yes, that law is correct.

Here is Happy's post

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Tennesse does allow for a civil fine:


Quote:
39-14-144. Civil liability of adult, parent or guardian for theft of retail merchandise by minor.

(a) If the appropriate district attorney general consents to use of this section as provided in subsection (i), in lieu of any criminal penalties imposed by § 39-14-105 for theft offenses, any adult or parent or guardian of a minor who willfully takes possession of merchandise from a retail merchant with the intent to convert the merchandise to personal use without paying the purchase price shall be subject to civil liability, should the merchant prevail, as follows:

(1) For the adult or emancipated minor:

(A) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise;
(B) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or
(C) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion; or

(2) For the parent or legal guardian having custody of an unemancipated minor who has been negligent in the supervision of the unemancipated minor:

(A) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise;
(B) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or
(C) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion.

(b) Civil liability under this section is not limited by any other law concerning the liability of parents or guardians or minors.


(c) A conviction for the offense of shoplifting is not a prerequisite to the maintenance of a civil action authorized by this section.


(d) The fact that a mercantile establishment may bring an action against an individual as provided in this section shall not limit the right of such establishment to demand, orally or in writing, that a person who is liable for damages and penalties under this section remit the damages prior to the consideration of the commencement of any legal action.


(e) An action for recovery of damages and penalties under this section may be brought in any court of competent jurisdiction, including a court of general sessions, if the total damages do not exceed the jurisdictional limit of the court involved.


(f) If a written agreement is entered into between the merchant and the person responsible for damages and penalties pursuant to this section concerning the liability of such person and the payment of such damages and penalties, the agreement and the contents thereof shall remain confidential as long as the parties to such agreement continue to adhere to its terms.


(g) The civil remedy conferred upon merchants by the provisions of this section shall not apply if the listed retail price of the merchandise taken was in excess of five hundred dollars ($500).


(h) Use of the civil remedy conferred upon merchants by the provisions of this section shall not be construed to be a violation of § 39-16-604, prohibiting the compounding of an offense.


(i) Any demand in writing or other document sent to the adult, parent or guardian of a minor covered by this section shall also be sent to the district attorney general of the judicial district in which the offense occurred. If the appropriate district attorney general has not, within ten (10) days from the date the document was sent, objected to the use of this section in lieu of criminal prosecution, such district attorney general shall be deemed to have consented to the use of this section by the mercantile establishment. If the mercantile establishment does not send a written demand or other document to such adult, parent or guardian, the district attorney general must be notified and must consent, either orally or in writing, to the use of this section in lieu of criminal prosecution.


(j) Whenever a retail merchant, the merchant's agent, or the merchant's employee apprehends an adult or minor who has committed theft as described in subsection (a), such merchant, agent, or employee shall not at such time enter into any written agreement to accept civil damages in lieu of criminal penalties or actually accept any such civil damages.

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alright i understand now thank you

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Quoting imstilllost

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alright i understand now thank you

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Now quit stressing over it. What's done is done and you'll have to wait and see what happens.

Learn from it and sin no more.

i have learned my lesson, i hope that this can be a good lesson for other people. a single mistake could have easily destroyed my life, thank you all for all your help