§ 13-2-803 — Unauthorized removal or willful mutilation of library materials

(a) (1) It shall be unlawful for any person to remove library materials without authorization from the premises wherein such materials are maintained or to retain possession of library materials without authorization. (2) It shall be unlawful for any person to willfully mutilate library materials. (b) (1) A violation of this section is a Class B felony if the value of the property is two thousand five hundred dollars ($2,500) or more. (2) A violation of this section is a Class C felony if the value of the property is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500). (3) A violation of this section is a Class A misdemeanor if the value of the property is five hundred dollars ($500) or less. (c) However, before a charge of retaining possession of library materials without authorization shall be filed against any person, the library shall send written notice by ordinary mail addressed to the last known address of the person who checked out or otherwise removed the books or materials from the library, notifying the person that: (1) If the books or materials are not returned to the library within thirty (30) days from the date of the notice, charges will be filed against the person under the provisions of this section; and (2) Upon conviction, the person may be fined in an amount as provided in this section.

Legislative History

Acts 1995, No. 906, § 3.