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  1. #1
    Join Date
    Mar 2009
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    4

    Default Civil Demand Help

    My question involves criminal law for the state of: New York.


    I am 17 and I was caught stealing an item that costs $38 from Urban Outfitters. I was banned from the store for 3 years and told to expect a civil demands letter. How much can they make me pay?

  2. #2
    Join Date
    Mar 2007
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    9,096

    Default Re: Civil Demand Help

    Without looking at current statutes, I would expect a demand between two and four hundred dollars.

  3. #3
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    Mar 2009
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    Default Re: Civil Demand Help

    Where would I be able to find the current statutes?

  4. #4
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    Mar 2007
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    Default Re: Civil Demand Help

    Here are the statutes...

    § 11-105. Larceny in mercantile establishments.
    1. When used in this section, the term "mercantile establishment" shall mean a place or vehicle where goods, wares or merchandise are offered for sale or a place or vehicle from which deliveries of goods, wares or merchandise are made.
    2. When used in this section, the term "larceny" is an act heretofore
    defined or known as common law larceny by trespassory taking as defined
    in paragraph (a) of subdivision two of section 155.05 of the penal law
    committed against the property of a mercantile establishment.

    3. When used in this section, the term "emancipated minor" shall mean
    a person who was over the age of sixteen at the time of the alleged
    larceny and who was no longer a dependent of or in the custody of a
    parent or legal guardian.
    4. In any proceeding brought under this section the burden of proof
    shall be by a preponderance of the evidence.
    5. An adult or emancipated minor who commits larceny against the
    property of a mercantile establishment shall be civilly liable to the
    operator of such establishment in an amount consisting of:
    (a) the retail price of the merchandise if not recovered in
    merchantable condition up to an amount not to exceed fifteen hundred
    dollars; plus
    (b) a penalty not to exceed the greater of five times the retail price
    of the merchandise or seventy-five dollars; provided, however, that in
    no event shall such penalty exceed five hundred dollars.

    6. Parents or legal guardians of an unemancipated minor shall be
    civilly liable for said minor who commits larceny against the property
    of a mercantile establishment to the operator of such establishment in
    an amount consisting of:
    (a) the retail price of the merchandise if not recovered in
    merchantable condition up to an amount not to exceed fifteen hundred
    dollars; plus
    (b) a penalty not to exceed the greater of five times the retail price
    of the merchandise or seventy-five dollars; provided, however, that in
    no event shall such penalty exceed five hundred dollars.
    7. A conviction or a plea of guilty for committing larceny is not a
    prerequisite to the bringing of a civil suit, obtaining a judgment, or
    collecting that judgment under this section.
    8. The fact that an operator of a mercantile establishment may bring
    an action against an individual as provided in this section shall not
    limit the right of such merchant to demand, orally or in writing, that a
    person who is liable for damages and penalties under this section remit
    the damages and penalties prior to the commencement of any legal action.
    9. In any action brought under subdivision six of this section, the
    court shall consider in the interest of justice mitigating circumstances
    that bear directly upon the actions of the parent or legal guardian in
    supervising the unemancipated minor who committed the larceny.
    10. An action for recovery of damages and penalties under this section
    may be brought in any court of competent jurisdiction.
    11. The provisions of this section shall not be construed to prohibit
    or limit any other cause of action which an operator of a mercantile
    establishment may have against a person who unlawfully takes merchandise
    from the mercantile establishment.
    12. Any testimony or statements of the defendant or unemancipated
    minor child of the defendant or any evidence derived from an attempt to
    reach a civil settlement or from a civil proceeding brought under this
    section shall be inadmissible in any other court proceeding relating to
    such larceny.

  5. #5
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    Mar 2009
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    4

    Default Re: Civil Demand Help

    So it's just five times the value right? $190 in this case?

  6. #6
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    Mar 2007
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    Default Re: Civil Demand Help

    Quote Quoting sunnyd
    View Post
    So it's just five times the value right? $190 in this case?
    That is the way I read it as well.

    However, a criminal sentence will almost certainly contain a further fine.

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