Can a Civil Demand Be for More Than the Value of Stolen Merchandise

[justin13]

My question involves criminal law for the state of: Illinois.
I am 15 years old and was caught shoplifting a $1 piece of candy in a Walmart. The security person said he wouldn't call the police, i just had to follow him into the security office and answer some questions and fill out a form. He asked for my school i.d. and i gave it to him. He took my address, phone, age, sex, weight, height, item stolen, and some other information. He then had me call my parents because he said i couldn't be released without a guradian. WHen my dad came he took my dad's information and stated that we may be fined within two weeks. This fine can be from $1-$1,000 and had to be paid on time or else it will doubled was what the security personnel said. It has only been a day and I have not received it. The security person said that the police wouldn't be notified and i would not go to court or anything, so i'm inferring that this affair is being kept in-house. I want to know if it is legal to fine me more than the item stolen without involving the police and also will this show up on any juvenile record. Any help is appreciated, thank you.

[Mr. Knowitall]

Yes, because even if we ignore the 99.99% probability that you've stolen before and gotten away with it, thieves like you cause stores to incur significant costs in terms of loss-prevention personnel and equipment, as well as forcing them to cost-shift the value of the stolen merchandise onto other, honest customers. These civil assessments are authorized by statute.

(a) A person who commits the offense of retail theft as defined in Section 16A‑3 paragraphs (a), (b), (c), or (h) 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.

[justin13]

Thank you for answering that part. Concerning the second part, will it show up on any record? Also this is my first offense and as far as i know i have no previous infractions on my record.

[Mr. Knowitall]

You don't get a criminal record unless the police and courts become involved.

[justin13]

That's what I thought, but thank you for clarifying.