Penal Code Section 490.5

[matnai]

What is the name of your state? California

My son who is under 18 years of age and who unlawfully took a mechandise from the Electronic store. Besides the criminal prosecution that imposed by the local authority, the Electronic store also demands that we have to pay for a damage of the merchandise that is not recovered in marketable conditions. As I understood the story, that the merchandise that my son took at the time was already in the opened box and there is no damage whatsoever. The question I have is that, can the store impose the California Penal Code Section 490.5 and demand us to pay for a damage that is not actually a damage? What if we have to pay for it, will we be able to keep the mechandise that they claim that was not recovered in the market? Are these legal in California? Please advice. Thank you much for all the help.

 

[stephenk]

Here is California Penal Code 490.5 (relevant portions):

490.5. (a) Upon a first conviction for petty theft involving
merchandise taken from a merchant's premises or a book or other
library materials taken from a library facility, a person shall be
punished by a mandatory fine of not less than fifty dollars ($50) and
not more than one thousand dollars ($1,000) for each such violation;
and may also be punished by imprisonment in the county jail, not
exceeding six months, or both such fine and imprisonment.
(b) When an unemancipated minor's willful conduct would constitute
petty theft involving merchandise taken from a merchant's premises
or a book or other library materials taken from a library facility,
any merchant or library facility who has been injured by that conduct
may bring a civil action against the parent or legal guardian having
control and custody of the minor. For the purposes of those actions
the misconduct of the unemancipated minor shall be imputed to the
parent or legal guardian having control and custody of the minor.
The parent or legal guardian having control or custody of an
unemancipated minor whose conduct violates this subdivision shall be
jointly and severally liable with the minor to a merchant or to a
library facility for damages of not less than fifty dollars ($50) nor
more than five hundred dollars ($500), plus costs. In addition to
the foregoing damages, the parent or legal guardian shall be jointly
and severally liable with the minor to the merchant for the retail
value of the merchandise if it is not recovered in a merchantable
condition, or to a library facility for the fair market value of its
book or other library materials. Recovery of these damages may be
had in addition to, and is not limited by, any other provision of law
which limits the liability of a parent or legal guardian for the
tortious conduct of a minor. An action for recovery of damages,
pursuant to this subdivision, may be brought in small claims court if
the total damages do not exceed the jurisdictional limit of that
court, or in any other appropriate court; however, total damages,
including the value of the merchandise or book or other library
materials, shall not exceed five hundred dollars ($500) for each
action brought under this section.


You dont get to keep the stuff he stole. you are supposed to return all of the stolen merchandise, even the stuff you are being fined over and asked to pay for. Sheesh!