Under Kentucky law (see below), the merchant has the right to recover civil damages.
Originally Posted by garynpj
KENTUCKY CIVIL RECOVERY LAW
Section 411.095. Liability for stealing or damaging goods of retailers or wholesalers.
(1) An adult or emancipated minor who damages, destroys, or takes possession of any goods, wares, or merchandise, stored, displayed or offered for sale by any wholesale or retail store or other mercantile establishment, or who alters the price indicia of the merchandise, in violation of the provisions of KRS Chapters 512 and 514, without having paid the purchase price therefor, shall be civilly liable to the owner for actual damages, if any, and for a penalty to the owner in the amount of the retail value of the merchandise not to exceed five hundred dollars ($500.00), plus an additional penalty to the owner of not less than one hundred dollars ($100.00) and not more than two hundred fifty dollars ($250.00).
(2) The custodial parents or legal guardian having custody of an unemancipated minor who damages, destroys or takes possession of any goods, wares, or merchandise, stored, displayed, or offered for sale by any wholesale or retail store or other mercantile establishment, or who alters the price indicia of the merchandise, which would be a public offense, without having paid the purchase price thereof, shall be civilly liable to the owner for actual damages, if any, and for a penalty to the owner in the amount of the retail value of the merchandise, not to exceed five hundred dollars ($500.00), plus an additional penalty to the owner of not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars($250.00). For purposes of this subsection, liability shall not be imposed upon any governmental entity, private agency, or foster parents assigned responsibility for the minor child pursuant to a court order or action of the Cabinet for Human Resources, or any agency thereunder.
(3) For the purpose of this section, "owner" shall include any agent or employee of the owner.
(4) A conviction of an offense under KRS Chapters 512 or 514 is not a condition precedent to the maintenance of a civil action under this section.
(5) Civil liability under this section shall not be limited by any other law that limits liability of parents of minor children.
(6) An action for recovery of damages, or penalty, or both, and costs under this section may be brought in any court of competent jurisdiction, including that small claims division of District Court, if the total amount sought does not exceed the jurisdictional limit of the respective court.
(7) The fact that an owner has a right to bring an action against any individual as provided in this section shall not limit the right of the owner to demand, in writing, that a person who is liable under this section remit the amount of the claim prior to the commencement of any legal action.
(8) Judgments, but not claims, arising under this section may be assigned.
(9) In addition to any civil damages or penalties, or both, which may be recovered under this section, a judgment for recovery shall also include court costs.
(10) Civil claims under this section shall apply to those claims which arise after July 13, 1990.
The fact that she removed the item from the packaging is sufficient to show the INTENT to shoplift.
and it aslo says "taking from the facility" in so many words. . .
There are at least 17 lawsuits (!!) filed in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).
Why has he spent over $1.7M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!