{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-226.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-226.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-226.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-226.9.html"}],"law_id":81275,"edition_id":1,"section_id":81275,"structure_id":13673,"section_number":"8.01-226.9","catch_line":"Exemption from civil liability in connection with arrest or detention of person suspected of shoplifting","history":"Code 1950, \u00a7 18.1-127; 1960, c. 358; 1975, cc. 14, 15; 1976, c. 515; 1980, c. 149; 1985, c. 275, \u00a7 18.2-105; 2004, c. 462.","full_text":"A merchant, agent or employee of the merchant, who causes the arrest or detention of any person pursuant to the provisions of \u00a7\u00a7 18.2-95, 18.2-96 or \u00a7 18.2-103, shall not be held civilly liable for unlawful detention, if such detention does not exceed one hour, slander, malicious prosecution, false imprisonment, false arrest, or assault and battery of the person so arrested or detained, whether such arrest or detention takes place on the premises of the merchant, or after close pursuit from such premises by such merchant, his agent or employee, provided that, in causing the arrest or detention of such person, the merchant, agent or employee of the merchant, had at the time of such arrest or detention probable cause to believe that the person had shoplifted or committed willful concealment of goods or merchandise. The activation of an electronic article surveillance device as a result of a person exiting the premises or an area within the premises of a merchant where an electronic article surveillance device is located shall constitute probable cause for the detention of such person by such merchant, his agent or employee, provided such person is detained only in a reasonable manner and only for such time as is necessary for an inquiry into the circumstances surrounding the activation of the device, and provided that clear and visible notice is posted at each exit and location within the premises where such a device is located indicating the presence of an antishoplifting or inventory control device. For purposes of this section, &#8220;electronic article surveillance device&#8221; means an electronic device designed and operated for the purpose of detecting the removal from the premises, or a protected area within such premises, of specially marked or tagged merchandise.","order_by":null,"text":{"0":{"id":291304,"text":"A merchant, agent or employee of the merchant, who causes the arrest or detention of any person pursuant to the provisions of \u00a7\u00a7 18.2-95, 18.2-96 or \u00a7 18.2-103, shall not be held civilly liable for unlawful detention, if such detention does not exceed one hour, slander, malicious prosecution, false imprisonment, false arrest, or assault and battery of the person so arrested or detained, whether such arrest or detention takes place on the premises of the merchant, or after close pursuit from such premises by such merchant, his agent or employee, provided that, in causing the arrest or detention of such person, the merchant, agent or employee of the merchant, had at the time of such arrest or detention probable cause to believe that the person had shoplifted or committed willful concealment of goods or merchandise. The activation of an electronic article surveillance device as a result of a person exiting the premises or an area within the premises of a merchant where an electronic article surveillance device is located shall constitute probable cause for the detention of such person by such merchant, his agent or employee, provided such person is detained only in a reasonable manner and only for such time as is necessary for an inquiry into the circumstances surrounding the activation of the device, and provided that clear and visible notice is posted at each exit and location within the premises where such a device is located indicating the presence of an antishoplifting or inventory control device. For purposes of this section, &#8220;electronic article surveillance device&#8221; means an electronic device designed and operated for the purpose of detecting the removal from the premises, or a protected area within such premises, of specially marked or tagged merchandise.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13673,"edition_id":1,"name":"Miscellaneous Provisions","identifier":"21","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:45:31","date_modified":"2026-06-26 03:45:31","permalink":{"id":280429,"object_type":"structure","relational_id":13673,"identifier":"21","token":"8.01\/3\/21","url":"\/8.01\/3\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85637,"structure_id":13673,"section_number":"8.01-218","catch_line":"Replevin abolished","url":"\/8.01-218\/","token":"8.01\/3\/21\/8.01-218","metadata":false},{"id":63478,"structure_id":13673,"section_number":"8.01-219","catch_line":"Effect of judgment in trover","url":"\/8.01-219\/","token":"8.01\/3\/21\/8.01-219","metadata":false},{"id":69240,"structure_id":13673,"section_number":"8.01-219.1","catch_line":"Responsibility of possessor of real property for harm to trespasser","url":"\/8.01-219.1\/","token":"8.01\/3\/21\/8.01-219.1","metadata":false},{"id":59967,"structure_id":13673,"section_number":"8.01-220","catch_line":"Action for alienation of affection, breach of promise, criminal conversation and seduction abolished","url":"\/8.01-220\/","token":"8.01\/3\/21\/8.01-220","metadata":false},{"id":81694,"structure_id":13673,"section_number":"8.01-220.1","catch_line":"Defense of interspousal immunity abolished as to certain causes of action arising on or after July 1, 1981","url":"\/8.01-220.1\/","token":"8.01\/3\/21\/8.01-220.1","metadata":false},{"id":63670,"structure_id":13673,"section_number":"8.01-220.1:1","catch_line":"Civil immunity for officers, partners, members, managers, trustees and directors of certain tax exempt organizations","url":"\/8.01-220.1_1\/","token":"8.01\/3\/21\/8.01-220.1_1","metadata":false},{"id":63952,"structure_id":13673,"section_number":"8.01-220.1:2","catch_line":"Civil immunity for teachers under certain circumstances","url":"\/8.01-220.1_2\/","token":"8.01\/3\/21\/8.01-220.1_2","metadata":false},{"id":83867,"structure_id":13673,"section_number":"8.01-220.1:3","catch_line":"Immunity for members of church, synagogue or religious body","url":"\/8.01-220.1_3\/","token":"8.01\/3\/21\/8.01-220.1_3","metadata":false},{"id":79768,"structure_id":13673,"section_number":"8.01-220.1:4","catch_line":"Civil immunity for officers and directors of certain nonprofit organizations","url":"\/8.01-220.1_4\/","token":"8.01\/3\/21\/8.01-220.1_4","metadata":false},{"id":61961,"structure_id":13673,"section_number":"8.01-220.1:5","catch_line":"Defense of intra-family immunity abolished for wrongful death actions","url":"\/8.01-220.1_5\/","token":"8.01\/3\/21\/8.01-220.1_5","metadata":false},{"id":61070,"structure_id":13673,"section_number":"8.01-220.2","catch_line":"Repealed","url":"\/8.01-220.2\/","token":"8.01\/3\/21\/8.01-220.2","metadata":false},{"id":70962,"structure_id":13673,"section_number":"8.01-221","catch_line":"Damages from violation of statute, remedy therefor and penalty","url":"\/8.01-221\/","token":"8.01\/3\/21\/8.01-221","metadata":false},{"id":81058,"structure_id":13673,"section_number":"8.01-221.1","catch_line":"Unestablished business damages; lost profits","url":"\/8.01-221.1\/","token":"8.01\/3\/21\/8.01-221.1","metadata":false},{"id":69806,"structure_id":13673,"section_number":"8.01-221.2","catch_line":"Rescission; undue influence; attorney fees","url":"\/8.01-221.2\/","token":"8.01\/3\/21\/8.01-221.2","metadata":false},{"id":67700,"structure_id":13673,"section_number":"8.01-222","catch_line":"Repealed","url":"\/8.01-222\/","token":"8.01\/3\/21\/8.01-222","metadata":false},{"id":65318,"structure_id":13673,"section_number":"8.01-223","catch_line":"Lack of privity no defense in certain cases","url":"\/8.01-223\/","token":"8.01\/3\/21\/8.01-223","metadata":false},{"id":82274,"structure_id":13673,"section_number":"8.01-223.1","catch_line":"Use of constitutional rights","url":"\/8.01-223.1\/","token":"8.01\/3\/21\/8.01-223.1","metadata":false},{"id":63965,"structure_id":13673,"section_number":"8.01-223.2","catch_line":"Immunity of persons for statements made at public hearing or communicated to third party","url":"\/8.01-223.2\/","token":"8.01\/3\/21\/8.01-223.2","metadata":false},{"id":79300,"structure_id":13673,"section_number":"8.01-224","catch_line":"Defense of governmental immunity not available to certain persons in actions for damages from blasting, etc","url":"\/8.01-224\/","token":"8.01\/3\/21\/8.01-224","metadata":false},{"id":72312,"structure_id":13673,"section_number":"8.01-225","catch_line":"Persons rendering emergency care, obstetrical services exempt from liability","url":"\/8.01-225\/","token":"8.01\/3\/21\/8.01-225","metadata":false},{"id":86816,"structure_id":13673,"section_number":"8.01-225.01","catch_line":"Certain immunity for health care providers during disasters under specific circumstances","url":"\/8.01-225.01\/","token":"8.01\/3\/21\/8.01-225.01","metadata":false},{"id":54649,"structure_id":13673,"section_number":"8.01-225.02","catch_line":"Certain liability protection for health care providers during disasters","url":"\/8.01-225.02\/","token":"8.01\/3\/21\/8.01-225.02","metadata":false},{"id":74491,"structure_id":13673,"section_number":"8.01-225.03","catch_line":"Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day centers during a disaster under specific circumstances","url":"\/8.01-225.03\/","token":"8.01\/3\/21\/8.01-225.03","metadata":false},{"id":79175,"structure_id":13673,"section_number":"8.01-225.1","catch_line":"Immunity for team physicians","url":"\/8.01-225.1\/","token":"8.01\/3\/21\/8.01-225.1","metadata":false},{"id":59977,"structure_id":13673,"section_number":"8.01-225.2","catch_line":"Immunity for those rendering emergency care to animals","url":"\/8.01-225.2\/","token":"8.01\/3\/21\/8.01-225.2","metadata":false},{"id":63782,"structure_id":13673,"section_number":"8.01-225.3","catch_line":"Immunity for volunteer first responders en route to an emergency","url":"\/8.01-225.3\/","token":"8.01\/3\/21\/8.01-225.3","metadata":false},{"id":61793,"structure_id":13673,"section_number":"8.01-226","catch_line":"Duty of care to law-enforcement officers, firefighters, etc","url":"\/8.01-226\/","token":"8.01\/3\/21\/8.01-226","metadata":false},{"id":69442,"structure_id":13673,"section_number":"8.01-226.1","catch_line":"Civil immunity when participating in Lawyers Helping Lawyers","url":"\/8.01-226.1\/","token":"8.01\/3\/21\/8.01-226.1","metadata":false},{"id":56516,"structure_id":13673,"section_number":"8.01-226.10","catch_line":"Civil immunity for causing the arrest of a person for a bad check","url":"\/8.01-226.10\/","token":"8.01\/3\/21\/8.01-226.10","metadata":false},{"id":69522,"structure_id":13673,"section_number":"8.01-226.11","catch_line":"Civil immunity for operation of victim notification program","url":"\/8.01-226.11\/","token":"8.01\/3\/21\/8.01-226.11","metadata":false},{"id":58887,"structure_id":13673,"section_number":"8.01-226.12","catch_line":"Duty of landlord and managing agent with respect to visible mold","url":"\/8.01-226.12\/","token":"8.01\/3\/21\/8.01-226.12","metadata":false},{"id":55958,"structure_id":13673,"section_number":"8.01-226.13","catch_line":"Limited standing to seek injunctive relief against manufacturing companies","url":"\/8.01-226.13\/","token":"8.01\/3\/21\/8.01-226.13","metadata":false},{"id":55544,"structure_id":13673,"section_number":"8.01-226.2","catch_line":"Civil immunity for licensed professional engineers and licensed architects participating in rescue or relief assistance","url":"\/8.01-226.2\/","token":"8.01\/3\/21\/8.01-226.2","metadata":false},{"id":61582,"structure_id":13673,"section_number":"8.01-226.3","catch_line":"Civil immunity for officers, directors and members of certain crime information-gathering organizations","url":"\/8.01-226.3\/","token":"8.01\/3\/21\/8.01-226.3","metadata":false},{"id":82193,"structure_id":13673,"section_number":"8.01-226.4","catch_line":"Civil immunity for hospice volunteers","url":"\/8.01-226.4\/","token":"8.01\/3\/21\/8.01-226.4","metadata":false},{"id":61924,"structure_id":13673,"section_number":"8.01-226.5","catch_line":"Immunity for installers and inspectors of child restraint devices","url":"\/8.01-226.5\/","token":"8.01\/3\/21\/8.01-226.5","metadata":false},{"id":64301,"structure_id":13673,"section_number":"8.01-226.5:1","catch_line":"Civil immunity for school board employees supervising self-administration of certain medication","url":"\/8.01-226.5_1\/","token":"8.01\/3\/21\/8.01-226.5_1","metadata":false},{"id":77445,"structure_id":13673,"section_number":"8.01-226.5:2","catch_line":"Immunity of hospital and emergency medical services agency personnel for the acceptance of certain infants","url":"\/8.01-226.5_2\/","token":"8.01\/3\/21\/8.01-226.5_2","metadata":false},{"id":67620,"structure_id":13673,"section_number":"8.01-226.6","catch_line":"Repealed","url":"\/8.01-226.6\/","token":"8.01\/3\/21\/8.01-226.6","metadata":false},{"id":79443,"structure_id":13673,"section_number":"8.01-226.7","catch_line":"Owner and agent compliance with residential lead-based paint notification; maintenance immunity","url":"\/8.01-226.7\/","token":"8.01\/3\/21\/8.01-226.7","metadata":false},{"id":76775,"structure_id":13673,"section_number":"8.01-226.8","catch_line":"Civil immunity for public and nonprofit corporation officials and private volunteers participating in certain programs for probationers","url":"\/8.01-226.8\/","token":"8.01\/3\/21\/8.01-226.8","metadata":false},{"id":81275,"structure_id":13673,"section_number":"8.01-226.9","catch_line":"Exemption from civil liability in connection with arrest or detention of person suspected of shoplifting","url":"\/8.01-226.9\/","token":"8.01\/3\/21\/8.01-226.9","metadata":false},{"id":67597,"structure_id":13673,"section_number":"8.01-227","catch_line":"Remedy by motion on certain bonds given or taken by officers; notice","url":"\/8.01-227\/","token":"8.01\/3\/21\/8.01-227","metadata":false}],"previous_section":{"id":76775,"structure_id":13673,"section_number":"8.01-226.8","catch_line":"Civil immunity for public and nonprofit corporation officials and private volunteers participating in certain programs for probationers","url":"\/8.01-226.8\/","token":"8.01\/3\/21\/8.01-226.8","metadata":false},"next_section":{"id":67597,"structure_id":13673,"section_number":"8.01-227","catch_line":"Remedy by motion on certain bonds given or taken by officers; notice","url":"\/8.01-227\/","token":"8.01\/3\/21\/8.01-227","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-226.9\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 358; in 1975, chapters 14 and 15; in 1976, chapter 515; in 1980, chapter 149; in 1985, chapter 275; in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0462\">462<\/a>.<\/p>","references":false,"refers_to":[{"id":67960,"section_number":"18.2-103","catch_line":"Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts","order_by":null,"url":"\/18.2-103\/"},{"id":78364,"section_number":"18.2-95","catch_line":"Grand larceny defined; how punished","order_by":null,"url":"\/18.2-95\/"},{"id":85076,"section_number":"18.2-96","catch_line":"Petit larceny defined; how punished","order_by":null,"url":"\/18.2-96\/"}],"permalink":{"id":280595,"object_type":"law","relational_id":81275,"identifier":"8.01-226.9","token":"8.01\/3\/21\/8.01-226.9","url":"\/8.01-226.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-226.9\/","token":"8.01\/3\/21\/8.01-226.9","dublin_core":{"Title":"Exemption from civil liability in connection with arrest or detention of person suspected of shoplifting","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-226.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>A merchant, agent or employee of the merchant, who causes the arrest or detention of any <span class=\"dictionary\">person<\/span> pursuant to the provisions of \u00a7\u00a7&nbsp;<a class=\"law\" title=\"Grand larceny defined; how punished\" href=\"\/18.2-95\/\">18.2-95<\/a>, <a class=\"law\" title=\"Petit larceny defined; how punished\" href=\"\/18.2-96\/\">18.2-96<\/a> or \u00a7&nbsp;<a class=\"law\" title=\"Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts\" href=\"\/18.2-103\/\">18.2-103<\/a>, shall not be held civilly liable for unlawful detention, if such detention does not exceed one hour, slander, <span class=\"dictionary\">malicious<\/span> <span class=\"dictionary\">prosecution<\/span>, false imprisonment, <span class=\"dictionary\">false arrest<\/span>, or <span class=\"dictionary\">assault<\/span> and <span class=\"dictionary\">battery<\/span> of the <span class=\"dictionary\">person<\/span> so arrested or detained, whether such arrest or detention takes place on the premises of the merchant, or after close pursuit from such premises by such merchant, his agent or employee, provided that, in causing the arrest or detention of such <span class=\"dictionary\">person<\/span>, the merchant, agent or employee of the merchant, had at the time of such arrest or detention <span class=\"dictionary\">probable cause<\/span> to believe that the <span class=\"dictionary\">person<\/span> had shoplifted or committed willful concealment of goods or merchandise. The activation of an electronic article surveillance device as a result of a <span class=\"dictionary\">person<\/span> exiting the premises or an area within the premises of a merchant where an electronic article surveillance device is located shall constitute <span class=\"dictionary\">probable cause<\/span> for the detention of such <span class=\"dictionary\">person<\/span> by such merchant, his agent or employee, provided such <span class=\"dictionary\">person<\/span> is detained only in a reasonable manner and only for such time as is necessary for an inquiry into the circumstances surrounding the activation of the device, and provided that clear and visible notice is posted at each exit and location within the premises where such a device is located indicating the presence of an antishoplifting or inventory control device. For purposes of this section, &#8220;electronic article surveillance device&#8221; means an electronic device designed and operated for the purpose of detecting the removal from the premises, or a protected area within such premises, of specially marked or tagged merchandise.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nEXEMPTION FROM CIVIL LIABILITY IN CONNECTION WITH ARREST OR DETENTION OF PERSON\nSUSPECTED OF SHOPLIFTING (\u00a7 8.01-226.9)\n\nA merchant, agent or employee of the merchant, who causes the arrest or\ndetention of any person pursuant to the provisions of \u00a7\u00a7 18.2-95, 18.2-96 or\n\u00a7 18.2-103, shall not be held civilly liable for unlawful detention, if such\ndetention does not exceed one hour, slander, malicious prosecution, false\nimprisonment, false arrest, or assault and battery of the person so arrested or\ndetained, whether such arrest or detention takes place on the premises of the\nmerchant, or after close pursuit from such premises by such merchant, his agent\nor employee, provided that, in causing the arrest or detention of such person,\nthe merchant, agent or employee of the merchant, had at the time of such arrest\nor detention probable cause to believe that the person had shoplifted or\ncommitted willful concealment of goods or merchandise. The activation of an\nelectronic article surveillance device as a result of a person exiting the\npremises or an area within the premises of a merchant where an electronic\narticle surveillance device is located shall constitute probable cause for the\ndetention of such person by such merchant, his agent or employee, provided such\nperson is detained only in a reasonable manner and only for such time as is\nnecessary for an inquiry into the circumstances surrounding the activation of\nthe device, and provided that clear and visible notice is posted at each exit\nand location within the premises where such a device is located indicating the\npresence of an antishoplifting or inventory control device. For purposes of this\nsection, &#8220;electronic article surveillance device&#8221; means an\nelectronic device designed and operated for the purpose of detecting the removal\nfrom the premises, or a protected area within such premises, of specially marked\nor tagged merchandise.\n\nHISTORY: Code 1950, \u00a7 18.1-127; 1960, c. 358; 1975, cc. 14, 15; 1976, c. 515;\n1980, c. 149; 1985, c. 275, \u00a7 18.2-105; 2004, c. 462.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}