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  1. #1
    Join Date
    Mar 2006
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    1

    Default 570.087 of Rev. Statutes of Missouri

    i need information on the stealing and related offenses 570.087 of rev. statutes of missouri. my daughter was with someone who stole a pair of earrings from a claires store and she is the only one being accused of anything because the offender who had the merchandise on her lives in alabama. we have had to go to the juvenile place and be interrogted by an officer and now we are being sued by some law firm representing claires for 475.00 the earrings were less than a dollar. but my daughter did not take them she was with someone else who did. the girl who did it has not been contacted by missouri to appear anywhere or by this law firm that is coming after us. what do we do about this and do we need a lawyer

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Missouri Statutes

    Here's the statute:
    Quote Quoting Missouri Revised Statutes, Title XXXVIII, Section 570.087 - Stealing, civil liability--parent or guardian civilly liable for minor's stealing--conversion of shopping carts, penalty.
    1. As used in this section, the following terms mean:
    (1) "Actual damages", the full retail value of any merchandise which is taken or which has its price altered in a manner described in subsection 2 of this section, plus any proven incidental costs to the owner of the merchandise not to exceed one hundred dollars;

    (2) "Mercantile establishment", any place where merchandise is displayed, held or offered for sale either at retail or at wholesale;

    (3) "Merchandise", all things movable and capable of manual delivery and offered for sale either at retail or wholesale;

    (4) "Unemancipated minor", an individual under the age of eighteen years whose parents or guardian have not surrendered the right to the care, custody and earnings of such individual, and are under a duty to support or maintain such individual.
    2. An adult or a minor who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price and with the intention of converting such merchandise to his own use, or the use of another, or who purchases merchandise after altering the price indicia of such merchandise, shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of not less than one hundred dollars nor more than two hundred fifty dollars and all court costs and reasonable attorney fees.

    3. The parents or guardian having physical custody of an unemancipated minor, who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price and with the intention of converting such merchandise to his own use, or the use of another, or who purchases merchandise after altering the price indicia of such merchandise, shall be civilly liable to the owner for actual damages, provided that a parent or guardian shall not be liable if they have not had physical custody for a period in excess of one year.

    4. Notwithstanding the provisions of subsections 2 and 3 of this section, any person who, without the consent of the owner, takes possession of a shopping cart from any mercantile establishment with the intent to convert such shopping cart to his own use or the use of another shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of one hundred dollars and all court costs and reasonable attorney fees.

    5. A conviction under section 570.030 or 570.040 shall not be a condition precedent to maintaining a civil action pursuant to the provisions of this section.

    6. No owner or agent or employee of the owner may attempt to gain an advantage in a civil action by threatening to initiate a criminal prosecution pertaining to the same incident.

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