§ 11-06-110. Generally—Shoplifting.

(a)

Definitions. As used in this section:

Merchandise means chattels of any type or description regardless of the value offered for sale in or about a store.

Merchant means any owner or proprietor of any store, or any agent, servant or employee of the owner or proprietor.

Store means a place where merchandise is sold or offered to the public for sale at retail.

(b)

Crime of shoplifting created. Shoplifting consists of any one or more of the following acts:

(1)

Wilfully taking possession of any merchandise with the intention of converting it without paying for it;

(2)

Wilfully concealing any merchandise with the intention of converting it without paying for it;

(3)

Wilfully altering any label, price tag or marking upon any merchandise with the intention of depriving the merchant of all or some part of the value of it; or

(4)

Wilfully transferring any merchandise from the container in or on which it is displayed to any other container with the intention of depriving the merchant of all or some part of the value of it.

(c)

Presumptions created. Any person who wilfully conceals merchandise on his person or on the person of another or among his belongings or the belongings of another or on or outside the premises of the store shall be prima facie presumed to have concealed the merchandise with the intention of converting it without paying for it. If any merchandise is found concealed upon any person or among his belongings, it shall be prima facie evidence of wilful concealment.

(d)

Reasonable detention. If any law enforcement officer, special officer or merchant has probable cause for believing that a person has wilfully taken possession of any merchandise with the intention of converting it without paying for it, or has wilfully concealed merchandise, and that he can recover the merchandise by detaining the person or taking him into custody, the law enforcement officer, special officer or merchant may, for the purpose of attempting to effect a recovery of the merchandise, take the person into custody and detain him in a reasonable manner for a reasonable time. Such taking into custody or detention shall not subject the officer or merchant to any criminal liability.

(e)

Any law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the crime of shoplifting. Any merchant who causes such an arrest shall not be criminally or civilly liable if he has probable cause for believing the person so arrested has committed the crime of shoplifting.

(f)

It shall be unlawful for any person to commit the offense defined in this section.

(Code 1960, § 6-3-12; Ord. No. 552, 1-11-77)

State law reference

Similar provisions, N.M.S.A. § 30-36-1-9.