2013 Vermont Statutes
Title 13 Crimes and Criminal Procedure
Chapter 57 LARCENY AND EMBEZZLEMENT
§ 2579 Civil recovery for retail theft

2579. Civil recovery for retail theft

(a) Any person over the age of 16 years or any emancipated minor who commits the offense of retail theft against a retail mercantile establishment in violation of section 2575 of this title shall be civilly liable to the retail mercantile establishment in an amount consisting of:

(1) damages equal to the retail price of the merchandise if the item is not returned in a merchantable condition; and

(2) a civil penalty of two times the retail price of the merchandise, to be not less than $25.00 and not more than $300.00.

(b) The fact that an action may be brought against an individual as provided in this section shall not limit the right of a retail mercantile establishment to demand, 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.

(c) If the person to whom a demand is made complies with the demand, that person shall incur no further civil liability for that specific act of retail theft.

(d) Any demand made under this section shall be accompanied by a copy of this law.

(e) A criminal prosecution under section 2575 of this title is not a prerequisite to the applicability of this section and such a criminal prosecution shall not bar an action under this section. An action under this section shall not bar a criminal prosecution under section 2575 of this title.

(f) The provisions of this section shall not be construed to prohibit or limit any other cause of action which a retail mercantile establishment may have against a person who unlawfully takes merchandise from a retail mercantile establishment, except as provided in subsection (c) of this section.

(g) Any testimony or statements by 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 retail theft.

(h) If a retail mercantile establishment files suit to recover damages and penalties pursuant to subsection (a) of this section and the mercantile establishment fails to appear at a hearing in such proceedings without excuse from the court, the court shall dismiss the suit with prejudice and award costs to the defendant.

(i) A person who knowingly uses the provisions of this section to demand or extract money from a person who is not legally obligated to pay a penalty shall be imprisoned not more than one year or fined not more than $1,000.00, or both. (Added 1993, No. 165 (Adj. Sess.), 1.)