§ 38-108. Retail theft.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Merchant includes any merchant as defined in Wis. Stats. § 402.104(3) or any innkeeper, motelkeeper or hotelkeeper.

Value of merchandise means:

(1)

For property of the merchant, the value of the property; or

(2)

For merchandise held for resale, the merchant's stated price of the merchandise or, in the event of altering, transferring or removing a price marking or causing a cash register or other sales device to reflect less than the merchant's stated price, the difference between the merchant's stated price of the merchandise and the altered price.

(b)

Whoever intentionally alters indications of price or value of merchandise or who takes and carries away, transfers, conceals or retains possession of merchandise held for resale by a merchant or property of the merchant without his/her consent and with intent to deprive the merchant permanently of possession, or the full purchase price, of the merchandise may be penalized as provided in subsection (f).

(c)

The intentional concealment of unpurchased merchandise that continues from one floor to another or beyond the last station for receiving payments in a merchant's store is evidence of intent to deprive the merchant permanently of possession of such merchandise without paying the purchase price thereof. The discovery of unpurchased merchandise concealed upon the person or among the belongings of such person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing such goods.

(d)

A merchant, a merchant's adult employee or a merchant's security agent who has reasonable cause for believing that a person has violated this section in his/her presence may detain the person in a reasonable manner for a reasonable length of time to deliver the person to a peace officer, or to his/her parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he/she shall not be interrogated or searched against his/her will before the arrival of a peace officer, who may conduct a lawful interrogation of the accused person. The merchant, merchant's adult employee or merchant's security agent may release the detained person before the arrival of a peace officer or parent or guardian. Any merchant, merchant's adult employee or merchant's security agent who acts in good faith in any act authorized under this section is immune from civil or criminal liability for those acts.

(e)

In any action or proceeding for violation of this section, duly identified and authenticated photographs of merchandise that was the subject of the violation may be used as evidence in lieu of producing the merchandise. A merchant or merchant's adult employee is privileged to defend property as prescribed in Wis. Stats. § 939.49.

(f)

Whoever violates this section, if the value of the merchandise does not exceed $1,000.00, shall be subject to the provisions of section 1-8.

(g)

In addition to the other penalties provided for violation of this section, a judge may order a violator to pay restitution under Wis. Stats. § 973.20. In actions concerning violations of ordinances in conformity with this section, a judge may order a violator to make restitution under Wis. Stats. § 800.093. If the court orders restitution under Wis. Stats. § 973.20 or Wis. Stats. § 800.093, any amount of restitution paid to the victim under one of those sections reduces the amount the violator must pay in restitution to that victim under the other section.

(Ord. of 7-2-85, § 1.04)

State law reference

Similar provisions, Wis. Stats. § 943.50.