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§ 3-1301. Definitions

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: April 11, 2017

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 13. Remedies for Shoplifting and Employee Theft (Refs & Annos)
Effective: April 11, 2017
MD Code, Courts and Judicial Proceedings, § 3-1301
§ 3-1301. Definitions
Currentness
In general
(a) In this subtitle the following terms have the meanings indicated.
Employee theft
(b) “Employee theft” means the theft of any merchandise from a mercantile establishment by an employee, agent, or contractor of the mercantile establishment.
Mercantile establishment
(c) “Mercantile establishment” means any place where merchandise is displayed, held, or offered for sale, either at retail or wholesale.
Merchandise
(d) “Merchandise” means any goods, wares, commodity, money, or other personal property located on the premises of a mercantile establishment.
Merchant
(e) “Merchant” means the owner or operator of a mercantile establishment.
Responsible person
(f) “Responsible person” means:
(1) Any individual, whether an adult or a minor, who commits or attempts to commit an act of shoplifting or employee theft; and
(2) The parents or legal guardians of an unemancipated minor who commits or attempts to commit an act of shoplifting or employee theft.
Shoplift
(g) “Shoplift” means any 1 or more of the following acts committed by a person without the consent of the merchant and with the purpose or intent of appropriating merchandise to that person's own use without payment, obtaining merchandise at less than its stated sales price, or otherwise depriving a merchant of all or any part of the value or use of merchandise:
(1) Removing any merchandise from its immediate place of display or from any other place on the premises of the mercantile establishment;
(2) Obtaining or attempting to obtain possession of any merchandise by charging that merchandise to another person without the authority of that person or by charging that merchandise to a fictitious person;
(3) Concealing any merchandise;
(4) Substituting, altering, removing, or disfiguring any label or price tag;
(5) Transferring any merchandise from a container in which that merchandise is displayed or packaged to any other container; or
(6) Disarming any alarm tag attached to any merchandise.

Credits

Added by Acts 1991, c. 582, § 1, eff. July 1, 1991. Amended by Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2016, c. 679, § 1, eff. Oct. 1, 2016; Acts 2017, c. 61, § 1, eff. April 11, 2017.
MD Code, Courts and Judicial Proceedings, § 3-1301, MD CTS & JUD PRO § 3-1301
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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