2006 Indiana Code - CHAPTER 6. DETENTION OF SHOPLIFTERS BY OWNER OR AGENT
IC 35-33-6Chapter 6. Detention of Shoplifters by Owner or Agent
IC 35-33-6-1
Definitions
35-33-6-1 Sec. 1. As used in this chapter:
"Adult employee" means an employee who is eighteen (18) years
old or older.
"Agent" means an operator, a manager, an adult employee, or a
security agent employed by a store.
"Motion picture exhibition facility" has the meaning set forth in
IC 35-46-8-3.
"Security agent" means a person who has been employed by a
store to prevent the loss of property due to theft.
"Store" means a place of business where property or service with
respect to property is displayed, rented, sold, or offered for sale.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005,
SEC.1.
IC 35-33-6-2
Probable cause; detention; procedure
35-33-6-2 Sec. 2. (a) An owner or agent of a store who has
probable cause to believe that a theft has occurred or is occurring on
or about the store and who has probable cause to believe that a
specific person has committed or is committing the theft may:
(1) detain the person and request the person to identify himself;
(2) verify the identification;
(3) determine whether the person has in his possession
unpurchased merchandise taken from the store;
(4) inform the appropriate law enforcement officers; and
(5) inform the parents or others interested in the person's
welfare, that the person has been detained.
(b) The detention must:
(1) be reasonable and last only for a reasonable time; and
(2) not extend beyond the arrival of a law enforcement officer
or two (2) hours, whichever first occurs.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982,
P.L.204, SEC.11.
IC 35-33-6-2.5
Detention of person making unlawful recording
35-33-6-2.5 Sec. 2.5. (a) An owner or agent of a motion picture
exhibition facility who has probable cause to believe that an unlawful
recording under IC 35-46-8 has occurred or is occurring in the
motion picture exhibition facility and who has probable cause to
believe that a specific person has committed or is committing the
unlawful recording may:
(1) detain the person and request the person to provide
identification;
(2) verify the identification;
(3) determine whether the person possesses at the time of
detention an audiovisual recording device (as defined in
IC 35-46-8-2);
(4) confiscate any unauthorized copies of a motion picture or
another audiovisual work; and
(5) inform the appropriate law enforcement officer or agency
that the person is being detained.
(b) Detention under subsection (a):
(1) must:
(A) be reasonable; and
(B) last only for a reasonable time; and
(2) may not extend beyond the arrival of a law enforcement
officer or two (2) hours, whichever occurs first.
As added by P.L.94-2005, SEC.2.
IC 35-33-6-3
Placement of information before law enforcement officer;
presumption
35-33-6-3 Sec. 3. An owner or agent of a store or motion picture
exhibition facility who informs a law enforcement officer of the
circumstantial basis for detention and any additional relevant facts
shall be presumed to be placing information before the law
enforcement officer. The placing of this information does not
constitute a charge of crime.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005,
SEC.3.
IC 35-33-6-4
Civil or criminal actions; exclusion of lawful detention; burden
of proof
35-33-6-4 Sec. 4. A civil or criminal action against:
(1) an owner or agent of a store or motion picture exhibition
facility; or
(2) a law enforcement officer;
may not be based on a detention that was lawful under section 2 or
2.5 of this chapter. However, the defendant has the burden of proof
that the defendant acted with probable cause under section 2 or 2.5
of this chapter.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005,
SEC.4.
IC 35-33-6-5
Reliance on information from employee; probable cause
35-33-6-5 Sec. 5. An owner or agent of a store may act in the
manner permitted by section 2 of this chapter on information
received from any employee of the store, if that employee has
probable cause to believe that a:
(1) theft has occurred or is occurring in or about the store; and
(2) specific person has committed or is committing the theft.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-6-6
Reliance on information from employee of motion picture
exhibition facility
35-33-6-6 Sec. 6. An owner or agent of a motion picture
exhibition facility may act in the manner allowed by section 2.5 of
this chapter on information received from an employee of the motion
picture exhibition facility if the employee has probable cause to
believe that:
(1) an unlawful recording under IC 35-46-8 has occurred or is
occurring in the motion picture exhibition facility; and
(2) a specific person has committed or is committing the
unlawful recording.
As added by P.L.94-2005, SEC.5.
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