§ 16-294. Retail theft.

(a)

Whoever intentionally alters indicia of price or value of merchandise or takes and carries away, transfers, conceals or retains possession of merchandise held for resale by a merchant without consent and with intent to deprive the merchant permanently of possession or the full purchase price may be penalized as provided in subsection (d) of this section.

(b)

While anywhere in the merchant's store, whoever intentionally removes a theft detection device from merchandise held for resale by a merchant or property of a merchant; uses, or possesses with intent to use, a theft detection shielding device to shield merchandise held for resale by a merchant or property of merchant from being detected by an electronic or magnetic theft alarm sensor or uses, or possesses with intent to use, a theft detection device remover to remove a theft detection device from merchandise held for resale by a merchant or property of a merchant shall, upon conviction be punished as provided in Wis. Stats. § 943.50 may be penalized as provided in subsection (d) of this section.

(c)

A merchant or merchant's adult employee or a merchant's security agent who has reasonable cause for believing that a person has violated this section in his presence may detain such person in a reasonable manner for a reasonable length of time to deliver him to a peace officer, or to his parent or guardian, if a minor. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he shall not be interrogated or searched against his will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. The merchant, merchant's adult employee or merchant's security agent may release the detained person before the arrival of a peace officer or parent or guardian. Any merchant, merchant's adult employee or merchant's security agent who acts in good faith in any act authorized under this section is immune from civil or criminal liability for those acts.

(d)

If the value of the merchandise does not exceed $2,500.00, any person violating this section shall, upon conviction, be guilty of a Class A misdemeanor. In actions concerning violations of ordinances in conformity with this section, a judge may order a violator to make restitution under Wis. Stats. § 800.093.

(Code 1989, § 11-3-4)

State law reference

Retail theft, Wis. Stats. § 943.50.