§ 11-105 — Larceny in mercantile establishments

§ 11-105. Larceny in mercantile establishments. 1. When used in this\nsection, the term "mercantile establishment" shall mean a place or\nvehicle where goods, wares or merchandise are offered for sale or a\nplace or vehicle from which deliveries of goods, wares or merchandise\nare made.\n 2. When used in this section, the term "larceny" is an act heretofore\ndefined or known as common law larceny by trespassory taking as defined\nin paragraph (a) of subdivision two of section 155.05 of the penal law\ncommitted against the property of a mercantile establishment.\n 3. When used in this section, the term "emancipated minor" shall mean\na person who was over the age of sixteen at the time of the alleged\nlarceny and who was no longer a dependent of or in the custody of a\nparent or legal guardian.\n 4. In any proceeding brought under this section the burden of proof\nshall be by a preponderance of the evidence.\n 5. An adult or emancipated minor who commits larceny against the\nproperty of a mercantile establishment shall be civilly liable to the\noperator of such establishment in an amount consisting of:\n (a) the retail price of the merchandise if not recovered in\nmerchantable condition up to an amount not to exceed fifteen hundred\ndollars; plus\n (b) a penalty not to exceed the greater of five times the retail price\nof the merchandise or seventy-five dollars; provided, however, that in\nno event shall such penalty exceed five hundred dollars.\n 6. Parents or legal guardians of an unemancipated minor shall be\ncivilly liable for said minor who commits larceny against the property\nof a mercantile establishment to the operator of such establishment in\nan amount consisting of:\n (a) the retail price of the merchandise if not recovered in\nmerchantable condition up to an amount not to exceed fifteen hundred\ndollars; plus\n (b) a penalty not to exceed the greater of five times the retail price\nof the merchandise or seventy-five dollars; provided, however, that in\nno event shall such penalty exceed five hundred dollars.\n 7. A conviction or a plea of guilty for committing larceny is not a\nprerequisite to the bringing of a civil suit, obtaining a judgment, or\ncollecting that judgment under this section.\n 8. The fact that an operator of a mercantile establishment may bring\nan action against an individual as provided in this section shall not\nlimit the right of such merchant to demand, orally or in writing, that a\nperson who is liable for damages and penalties under this section remit\nthe damages and penalties prior to the commencement of any legal action.\n 9. In any action brought under subdivision six of this section, the\ncourt shall consider in the interest of justice mitigating circumstances\nthat bear directly upon the actions of the parent or legal guardian in\nsupervising the unemancipated minor who committed the larceny.\n 10. An action for recovery of damages and penalties under this section\nmay be brought in any court of competent jurisdiction.\n 11. The provisions of this section shall not be construed to prohibit\nor limit any other cause of action which an operator of a mercantile\nestablishment may have against a person who unlawfully takes merchandise\nfrom the mercantile establishment.\n 12. Any testimony or statements of the defendant or unemancipated\nminor child of the defendant or any evidence derived from an attempt to\nreach a civil settlement or from a civil proceeding brought under this\nsection shall be inadmissible in any other court proceeding relating to\nsuch larceny.\n