§ 13-21-107.5 — Civil damages for loss caused by theft

Colorado § 13-21-107.5

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Damages

Text

(1) As used in this
section, unless the context otherwise requires:

(a) Emancipated minor means an individual under the age of eighteen years
whose parents or guardian have surrendered parental responsibilities or custody,
the right to the care, and earnings of such individual and are no longer under a duty
to support or maintain such individual.

(b) Mercantile establishment means any place where merchandise is
displayed, held, or offered for sale either at retail or at wholesale.

(c) Merchandise means all things movable and capable of manual delivery
and offered for sale either at retail or wholesale.

(2) An adult or an emancipated minor who takes possession of any
merchandise from any mercantile establishment without the consent of the owner,
without paying the purchase price, and with the intention of converting such
merchandise to his own use or who alters the price indicia of any merchandise shall
be civilly liable to the owner for actual damages plus a penalty payable to the
owner of not less than one hundred dollars nor more than two hundred fifty dollars.

(3) The parents or guardian having custody of or parental responsibilities
with respect to an unemancipated minor who takes possession of any merchandise
from any mercantile establishment without the consent of the owner, without
paying the purchase price, and with the intention of converting such merchandise to
his own use or who alters the price indicia of any merchandise shall be civilly liable
to the owner for actual damages plus a penalty payable to the owner of not less
than one hundred dollars nor more than two hundred fifty dollars.

(4) Notwithstanding the provisions of subsections (2) and (3) of this section,
any person who, without the consent of the owner, takes possession of a shopping
cart from any mercantile establishment with the intent to convert such shopping
cart to his own use or the use of another shall be civilly liable to the owner for
actual damages plus a penalty payable to the owner of one hundred dollars.

(5) A conviction for theft pursuant to part 4 of article 4 of title 18, C.R.S.,
shall not be a condition precedent to maintaining a civil action pursuant to the
provisions of this section.

(6) Civil liability pursuant to the provisions of this section shall not be subject
to the limitations on liability in section 13-21-107 or any other law that limits the
liability of parents of an unemancipated minor for damages caused by such
unemancipated minor.

Legislative History

Source: L. 85: Entire section added, p. 573, � 1, effective July 1. L. 98: (1)(a) and (3) amended, p. 1393, � 27, effective February 1, 1999.