§ 12.1-23-13 — Distribution and use of theft detection shielding devices

1. A person is guilty of unlawful distribution of a theft detection shielding device if the
person knowingly manufactures, sells, offers for sale, or distributes any laminated or
coated bag or device peculiar to shielding and intended to shield merchandise from
detection by an electronic or magnetic theft alarm sensor.
2. A person is guilty of unlawful possession of a theft detection shielding device if the
person knowingly possesses any laminated or coated bag or device peculiar to and
designed for shielding and intended to shield merchandise from detection by an
electronic or magnetic theft alarm sensor, with the intent to commit theft.
3. A person is guilty of unlawful possession of a theft detection device deactivator or
remover if the person knowingly possesses any tool or device designed to allow the
deactivation or removal of any theft detection device from any merchandise without the
permission of the merchant or person owning or holding the merchandise.
4. A person is guilty of unlawful deactivation or removal of a theft detection device if the
person intentionally deactivates or removes the device from a product before
purchase.
5. A person is guilty of unlawful distribution of a theft detection device deactivator or
remover if the person knowingly manufactures, sells, offers for sale, or distributes any
tool or device designed to allow the deactivation or removal of a theft detection device
from merchandise without the permission of the merchant or person owning or holding
the merchandise.
6. An offense under subsections 1 and 5 is a class C felony. An offense under
subsections 2, 3, and 4 is a class A misdemeanor.