Attempted Theft of Merchandise

[lainebelle024]

Georgia

If someone attempted to steal an item, but gave himself up (was not caught, but turned himself in) and returned the item undamaged to the store, does it qualify as a theft of property. Would the store be able to pursue Georgia code 51-10-6 which states

"Any owner of personal property shall be authorized to bring a civil action to recover damages from any person who willfully damages the owner's personal property or who commits a theft as defined in Article 1 of Chapter 8 of Title 16 involving the owner's personal property. The owner of the personal property may recover as follows:

(1) In any such action, the property owner may recover compensatory damages which may include, in addition to the value of the personal property, any other loss sustained as a result of the willful damage or theft offense; and...."
The full text is here: http://www.lawskills.com/code/ga/51/10/6/

Rich's - Macy's is trying to make a friend of mine cough up $150.00 for a pair of gloves retailing at $50 that he stole, and then brought back to the store and turned himself in. They are threatening to take him to court if he doesn't pay up. Is this legal?

 

[seniorjudge]

Q: If someone attempted to steal an item, but gave himself up (was not caught, but turned himself in) and returned the item undamaged to the store, does it qualify as a theft of property.

A: Yes; returning the merchandise does not unring the bell. It has still been stolen; bringing it back means the person has made restitution.


Q: Would the store be able to pursue Georgia code 51-10-6 etc.

A: If you have quoted the staute correctly, then yes, the civil remedies can also be pursued.


Q: Is this legal?

A: Based solely on the facts you stated in your post, yes.


https://forum.freeadvice.com/showthread.php?p=839424#post839424

standard shoplifting answer

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