§ 51-21-05 — Civil remedy against adult shoplifters or the parent of a minor shoplifter

1. An adult who commits the offense of theft from a merchant is civilly liable to the
merchant for the retail value of the merchandise, plus exemplary damages of not more
than two hundred fifty dollars, costs of the civil action, and reasonable attorney's fees.
2. The parent or legal guardian of an unemancipated minor who while living with the
parent or legal guardian commits the offense of theft from a merchant is civilly liable to
the merchant for the retail value of the merchandise, plus exemplary damages of not
more than two hundred fifty dollars, costs of the civil action, and reasonable attorney's
fees. If the merchant knows or reasonably should know that the individual believed to
have committed theft is a minor, the merchant may not request that the individual sign
an admission of theft or other similar declaration unless the minor's parent, guardian,
or attorney is present. An admission in violation of this subsection is not valid and is
inadmissible in a civil or criminal action.
3. A conviction or plea of guilty for the theft is not a prerequisite to the bringing of a civil
action under this section. However, if a criminal theft charge is filed against the
individual, the merchant may not pursue civil damages until completion of the criminal
action.
4. A parent or legal guardian of an unemancipated minor is not civilly liable under this
section if it is determined by the court that one of the principal rationales for the
shoplifting was a desire on the part of the minor to cause the minor's parent or legal
guardian to be liable under this section.