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  1. #1
    Join Date
    Oct 2006
    Posts
    1

    Default Minor Caught Shoplifting, and Parent Fined

    We went on vacation to KY, and my 14 year old daughter decided to shoplift at a Macy's. They caught her and the items were returned, and they made me pay a $500 fine on my credit card for HER.

    Can they make me pay for HER? I didnt shop lift! SHE DID and I had no idea she was doing it.

    they claim they had every right to, and if i refused, they'd just take me to court and i'd owe more. is that true?

  2. #2
    Join Date
    Mar 2006
    Location
    I live here. Actually in a little area called the Knob. In Ohio
    Posts
    292

    Red face Re: Minor caught shoplifting, and Parent fined

    Your daughter shoplifted. You as a parent are responsible for her actions until she is 18 or emancipated. You have to pay for her legal errors and it's your job as a parent to punish her for breaking a law.

    You may think it's not fair to you but you chose to have her, raise her, keep her, AND teach her right from wrong. Do your job as a parent.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Minor caught shoplifting, and Parent fined

    Well, actually, it's a bit more complicated than that.

    Most states have passed what are deemed "civil demand" laws, which permit stores to assess a civil fine against a shoplifter. Typically where the shoplifter is a minor, the parents can be made to pay the fine. Failure to pay the fine can result in your being sued.

    It is unusual, and has been described as bad practice, to demand a civil demand at the scene.

    Kentucky's civil demand statute provides,
    Quote Quoting KRS § 411.095 Liability for stealing or damaging goods of retailer or wholesaler.
    (1) An adult or emancipated minor who damages, destroys, or takes possession of any goods, wares, or merchandise, stored, displayed, or offered for sale by any wholesale or retail store or other mercantile establishment, or who alters the price indicia of the merchandise, in violation of the provisions of KRS Chapters 512 and 514, without having paid the purchase price thereof, shall be civilly liable to the owner for actual damages, if any, and for a penalty to the owner in the amount of the retail value of the merchandise not to exceed five hundred dollars ($500), plus an additional penalty to the owner of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).

    (2) The custodial parents or legal guardian having custody of an unemancipated minor who damages, destroys, or takes possession of any goods, wares, or merchandise, stored, displayed, or offered for sale by any wholesale or retail store or other mercantile establishment, or who alters the price indicia of the merchandise, which would be a public offense, without having paid the purchase price thereof, shall be civilly liable to the owner for actual damages, if any, and for a penalty to the owner in the amount of the retail value of the merchandise not to exceed five hundred dollars ($500), plus an additional penalty to the owner of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250). For purposes of this subsection, liability shall not be imposed upon any governmental entity, private agency, or foster parents assigned responsibility for the minor child pursuant to a court order or action of the Cabinet for Health and Family Services, or any agency thereunder.

    (3) For the purposes of this section, "owner" shall include any agent or employee of the owner.

    (4) A conviction of an offense under KRS Chapters 512 or 514 is not a condition precedent to the maintenance of a civil action under this section.

    (5) Civil liability under this section shall not be limited by any other law that limits liability of parents of minor children.

    (6) An action for recovery of damages, or penalty, or both, and costs under this section may be brought in any court of competent jurisdiction, including the small claims division of District Court, if the total amount sought does not exceed the jurisdictional limit of the respective court.

    (7) The fact that an owner has a right to bring an action against any individual as provided in this section shall not limit the right of the owner to demand, in writing, that a person who is liable under this section remit the amount of the claim prior to the commencement of any legal action.

    (8) Judgments, but not claims, arising under this section may be assigned.

    (9) In addition to any civil damages or penalties, or both, which may be recovered under this section, a judgment for recovery shall also include court costs. (10) Civil claims under this section shall apply to those claims which arise after July 13, 1990.

  4. #4
    Join Date
    Apr 2006
    Posts
    641

    Default Re: Minor caught shoplifting, and Parent fined

    Quote Quoting aaron
    View Post
    It is unusual, and has been described as bad practice, to demand a civil demand at the scene.
    You are correct, but Macy's gives people this option.

    Here are some blurbs about Macy's Security (they do not call it Loss Prevention).

    http://www.nytimes.com/2003/06/17/ny...rtner=USERLAND

    The article is lengthy, but a good read.

    But the elaborate systems like the one at Macy's in Manhattan — which includes 100 security officers, four German shepherds, hundreds of cameras, and a closed-circuit television center reminiscent of a spaceship control room
    Onto some civil demand

    Macy's policy is to call the police if anyone requests legal representation or asks to be set free immediately, but most people prefer to settle the matter privately, officials said.
    In an attempt to recover some of the loss, Macy's has a target of $1.4 million in civil penalties it expects to receive this year — the same amount received last year. To achieve that, it uses a formidable weapon used by stores around the nation: civil recovery statutes.
    Here is where the immediate payment is introduced..

    In the in-store jail, most people confess that they stole once presented with evidence, Macy's security officials said. If they sign a confession, the store gives them the option of paying their penalty right away. Those who confess also sign a notice that allows the police to charge them with a felony if they are caught shoplifting in the store again.

    But because the confessions are won in secret, and by officials with far less experience than government police departments, many regard them as potentially suspect.
    I think it is bad because the shoplifters will think that "Hey, I can pay this fine now and not go to court" and this could be seen as slightly suspect. I think that Macy's has been sued for this practice, but they still do it. I also think that they only prosecute if the amount is a felony and/or you were violent. In my dealings with Macy's security, they would rather civil demand everyone and not deal with the police.

  5. #5
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Question So you think you know.....

    Quote Quoting bam!
    View Post

    Here are some blurbs about Macy's Security (they do not call it Loss Prevention).
    That's odd! I wonder why my good friend, the LPM at Macy's on the other end of the mall, still answers the phone, "Loss Prevention, this is ______" ???

  6. #6
    panther10758 Guest

    Default Re: Minor caught shoplifting, and Parent fined

    Yes that is odd as I have some connections with Macy's as well and they call themselves Loss Prevention when was change?

  7. #7
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Talking Re: Minor caught shoplifting, and Parent fined

    Don't know! But yesterday about 9pm it was still Loss Prevention.

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