2006 Utah Code - 78-11-19 — Criminal conviction for shoplifting not a prerequisite for civil action under chapter -- Written notice required -- Award of penalty not subject to requirement of compensatory or general damages.

     78-11-19.   Criminal conviction for shoplifting not a prerequisite for civil action under chapter -- Written notice required -- Award of penalty not subject to requirement of compensatory or general damages.
     (1) A conviction in a criminal action of shoplifting is not a condition precedent to a civil action authorized under Section 78-11-15 or 78-11-16.
     (2) (a) A merchant demanding payment of a penalty under Section 78-11-15 or 78-11-16 shall give written notice to the person or persons from whom the penalty is sought. The notice shall state:
     "IMPORTANT NOTICE: The payment of any penalty demanded of you does not prevent criminal prosecution under a related criminal provision."
     (b) This notice shall be boldly and conspicuously displayed, in at least the same size type as is used in the demand, and shall be sent with the demand for payment of the penalty described in Section 78-11-15 or 78-11-16.
     (3) The provision of Section 78-18-1 requiring that compensatory or general damages be awarded in order to award punitive damages does not prohibit an award of a penalty under Section 78-11-15 or 78-11-16 whether or not restitution has been paid to the merchant either prior to or as part of a civil action under Section 78-11-15 or 78-11-16.

Repealed and Re-enacted by Chapter 6, 1991 General Session