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  1. #21
    panther10758 Guest

    Default Re: Please Help Me.. Any Info

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

  2. #22
    Join Date
    Feb 2008
    Posts
    11

    Default Re: Please Help Me.. Any Info

    Quote Quoting jk
    View Post
    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.


    -so is this all correct ^

  3. #23
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Please Help Me.. Any Info

    Quote Quoting imstilllost
    View Post
    -so is this all correct ^
    Yes, that law is correct.

  4. #24
    panther10758 Guest

    Default Re: Please Help Me.. Any Info

    Here is Happy's post

    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.

  5. #25
    Join Date
    Feb 2008
    Posts
    11

    Default Re: Please Help Me.. Any Info

    alright i understand now thank you

  6. #26
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Please Help Me.. Any Info

    Quote Quoting imstilllost
    View Post
    alright i understand now thank you
    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.

  7. #27
    Join Date
    Feb 2008
    Posts
    11

    Default Re: Please Help Me.. Any Info

    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

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