2006 Utah Code - 78-11-16 — Joint liability of minor and parent or guardian for minor\'s shoplifting -- Exception.

     78-11-16.   Joint liability of minor and parent or guardian for minor's shoplifting -- Exception.
     A minor and the parents or legal guardian having legal custody of such minor, as the case may be, who wrongfully takes merchandise by any means, including but not limited to, concealment or attempted concealment in any manner, either on or off the premises of the merchant, with a purpose to deprive a merchant of merchandise or to avoid payment for the merchandise, or both, are jointly and severally liable in a civil action, in addition to actual damages, for a penalty to the merchant in the amount of the retail price of the merchandise not to exceed $500 plus an additional penalty as determined by the court of not less than $50 nor more than $500, plus court costs and reasonable attorneys' fees. No parent or guardian is liable for damages under this section if he or she made a reasonable effort to restrain the wrongful taking and did not fail to report it to the merchant involved or to the law enforcement agency having primary jurisdiction after he or she knew of the minor's unlawful act. No report is required under this section from a parent or guardian if the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of the merchant involved.

Amended by Chapter 6, 1991 General Session

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