{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-44.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-44.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-44.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-44.4.html"}],"law_id":83884,"edition_id":1,"section_id":83884,"structure_id":12887,"section_number":"8.01-44.4","catch_line":"Action for shoplifting and employee theft","history":"1992, c. 721; 2005, cc. 142, 234; 2012, c. 526.","full_text":"A\n\nA merchant may recover a civil judgment against any adult or emancipated minor who shoplifts from that merchant for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.B\n\nA merchant may recover a civil judgment against any person who commits employee theft for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.C\n\nThe prevailing party in any action brought pursuant to this section shall be entitled to reasonable attorneys’ fees and costs not to exceed $150.D\n\nA conviction of or a plea of guilty to a violation of any other statute is not a prerequisite to commencement of a civil action pursuant to this section or enforcement of a judgment. No action may be initiated under this section during the pendency of a criminal prosecution based on the same allegations of fact; however the initiation of any criminal action against the perpetrator for the alleged offense under § 18.2-95, 18.2-96, 18.2-102.1, or 18.2-103 or any other criminal offense defined under subsection F does not preclude a merchant from initiating or maintaining an action under this section once the prosecution has been concluded. A merchant may not recover more than the retail value of the merchandise, or more than the unpaid retail value of the merchandise if the merchandise is not recovered in a merchantable condition, for the same loss if both criminal and civil actions are initiated. However, nothing herein shall preclude a merchant from recovering damages in excess of the retail value of the merchandise, or the unpaid retail value of the merchandise if the merchandise is not recovered in a merchantable condition, if a criminal action is initiated. Nothing herein shall preclude a merchant from nonsuiting the civil action brought pursuant to this section and proceeding criminally under § 18.2-95, 18.2-96, 18.2-102.1, or 18.2-103 or any other criminal offense defined under subsection F.E\n\nPrior to the commencement of any action under this section, a merchant may demand, in writing, that an individual who may be civilly liable under this section make appropriate payment to the merchant in consideration for the merchant’s agreement not to commence any legal action under this section.F\n\nFor purposes of this section:\n\t\t\t“Employee theft” means the removal of any merchandise or cash from the premises of the merchant’s establishment or the concealment of any merchandise or cash by a person employed by a merchant without the consent of the merchant and with the purpose or intent of appropriating the merchandise or cash to the employee’s own or another’s use without full payment.\n\t\t\t“Shoplift” means any one or more of the following acts committed by a person without the consent of the merchant and with the purpose or intent of appropriating merchandise to that person’s own or another’s use without payment, obtaining merchandise at less than its stated sales price, or otherwise depriving a merchant of all or any part of the value or use of merchandise: (i) removing any merchandise from the premises of the merchant’s establishment; (ii) concealing any merchandise; (iii) substituting, altering, removing, or disfiguring any label or price tag; (iv) transferring any merchandise from a container in which that merchandise is displayed or packaged to any other container; (v) disarming any alarm tag attached to any merchandise; or (vi) obtaining or attempting to obtain possession of any merchandise by charging that merchandise to another person without the authority of that person or by charging that merchandise to a fictitious person.","order_by":null,"text":{"0":{"id":300623,"text":"A merchant may recover a civil judgment against any adult or emancipated minor who shoplifts from that merchant for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":300624,"text":"A merchant may recover a civil judgment against any person who commits employee theft for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":300625,"text":"The prevailing party in any action brought pursuant to this section shall be entitled to reasonable attorneys’ fees and costs not to exceed $150.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":300626,"text":"A conviction of or a plea of guilty to a violation of any other statute is not a prerequisite to commencement of a civil action pursuant to this section or enforcement of a judgment. No action may be initiated under this section during the pendency of a criminal prosecution based on the same allegations of fact; however the initiation of any criminal action against the perpetrator for the alleged offense under § 18.2-95, 18.2-96, 18.2-102.1, or 18.2-103 or any other criminal offense defined under subsection F does not preclude a merchant from initiating or maintaining an action under this section once the prosecution has been concluded. A merchant may not recover more than the retail value of the merchandise, or more than the unpaid retail value of the merchandise if the merchandise is not recovered in a merchantable condition, for the same loss if both criminal and civil actions are initiated. However, nothing herein shall preclude a merchant from recovering damages in excess of the retail value of the merchandise, or the unpaid retail value of the merchandise if the merchandise is not recovered in a merchantable condition, if a criminal action is initiated. Nothing herein shall preclude a merchant from nonsuiting the civil action brought pursuant to this section and proceeding criminally under § 18.2-95, 18.2-96, 18.2-102.1, or 18.2-103 or any other criminal offense defined under subsection F.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":300627,"text":"Prior to the commencement of any action under this section, a merchant may demand, in writing, that an individual who may be civilly liable under this section make appropriate payment to the merchant in consideration for the merchant’s agreement not to commence any legal action under this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":300628,"text":"For purposes of this section:\n\t\t\t“Employee theft” means the removal of any merchandise or cash from the premises of the merchant’s establishment or the concealment of any merchandise or cash by a person employed by a merchant without the consent of the merchant and with the purpose or intent of appropriating the merchandise or cash to the employee’s own or another’s use without full payment.\n\t\t\t“Shoplift” means any one or more of the following acts committed by a person without the consent of the merchant and with the purpose or intent of appropriating merchandise to that person’s own or another’s use without payment, obtaining merchandise at less than its stated sales price, or otherwise depriving a merchant of all or any part of the value or use of merchandise: (i) removing any merchandise from the premises of the merchant’s establishment; (ii) concealing any merchandise; (iii) substituting, altering, removing, or disfiguring any label or price tag; (iv) transferring any merchandise from a container in which that merchandise is displayed or packaged to any other container; (v) disarming any alarm tag attached to any merchandise; or (vi) obtaining or attempting to obtain possession of any merchandise by charging that merchandise to another person without the authority of that person or by charging that merchandise to a fictitious person.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":12887,"edition_id":1,"name":"Injury to Person or Property","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":280695,"object_type":"structure","relational_id":12887,"identifier":"3","token":"8.01\/3\/3","url":"\/8.01\/3\/3\/","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":71526,"structure_id":12887,"section_number":"8.01-34","catch_line":"When contribution among wrongdoers enforced","url":"\/8.01-34\/","token":"8.01\/3\/3\/8.01-34","metadata":false},{"id":56273,"structure_id":12887,"section_number":"8.01-35","catch_line":"Damages for loss of income not diminished by reimbursement","url":"\/8.01-35\/","token":"8.01\/3\/3\/8.01-35","metadata":false},{"id":71789,"structure_id":12887,"section_number":"8.01-35.1","catch_line":"Effect of release or covenant not to sue in respect to liability and contribution","url":"\/8.01-35.1\/","token":"8.01\/3\/3\/8.01-35.1","metadata":false},{"id":54115,"structure_id":12887,"section_number":"8.01-36","catch_line":"Joinder of action of tort to infant with action for recovery of expenses incurred thereby and claim for recovery of expenses by infant","url":"\/8.01-36\/","token":"8.01\/3\/3\/8.01-36","metadata":false},{"id":61407,"structure_id":12887,"section_number":"8.01-37","catch_line":"Recovery of lost wages in action for injuries to emancipated infant","url":"\/8.01-37\/","token":"8.01\/3\/3\/8.01-37","metadata":false},{"id":84122,"structure_id":12887,"section_number":"8.01-37.1","catch_line":"Claims for medical services provided by United States; proof of reasonable value","url":"\/8.01-37.1\/","token":"8.01\/3\/3\/8.01-37.1","metadata":false},{"id":74543,"structure_id":12887,"section_number":"8.01-38","catch_line":"Tort liability of hospitals","url":"\/8.01-38\/","token":"8.01\/3\/3\/8.01-38","metadata":false},{"id":80026,"structure_id":12887,"section_number":"8.01-38.1","catch_line":"Limitation on recovery of punitive damages","url":"\/8.01-38.1\/","token":"8.01\/3\/3\/8.01-38.1","metadata":false},{"id":85786,"structure_id":12887,"section_number":"8.01-39","catch_line":"Completion or acceptance of work not bar to action against independent contractor for personal injury, wrongful death or damage to property","url":"\/8.01-39\/","token":"8.01\/3\/3\/8.01-39","metadata":false},{"id":60815,"structure_id":12887,"section_number":"8.01-40","catch_line":"Unauthorized use of name or picture of any person; punitive damages; statute of limitations","url":"\/8.01-40\/","token":"8.01\/3\/3\/8.01-40","metadata":false},{"id":61512,"structure_id":12887,"section_number":"8.01-40.1","catch_line":"Action for injury resulting from violation of Computer Crimes Act; limitations","url":"\/8.01-40.1\/","token":"8.01\/3\/3\/8.01-40.1","metadata":false},{"id":57683,"structure_id":12887,"section_number":"8.01-40.2","catch_line":"Unsolicited transmission of advertising materials by facsimile machine","url":"\/8.01-40.2\/","token":"8.01\/3\/3\/8.01-40.2","metadata":false},{"id":55073,"structure_id":12887,"section_number":"8.01-40.3","catch_line":"Unauthorized dissemination, etc., of criminal history record information; civil action","url":"\/8.01-40.3\/","token":"8.01\/3\/3\/8.01-40.3","metadata":false},{"id":57913,"structure_id":12887,"section_number":"8.01-40.4","catch_line":"Civil action for unlawful creation of image of another or unlawful dissemination or sale of images of another","url":"\/8.01-40.4\/","token":"8.01\/3\/3\/8.01-40.4","metadata":false},{"id":62242,"structure_id":12887,"section_number":"8.01-40.5","catch_line":"Publishing or distributing material harmful to minors on the Internet","url":"\/8.01-40.5\/","token":"8.01\/3\/3\/8.01-40.5","metadata":false},{"id":75613,"structure_id":12887,"section_number":"8.01-41","catch_line":"Wrongful distraint, attachment","url":"\/8.01-41\/","token":"8.01\/3\/3\/8.01-41","metadata":false},{"id":54575,"structure_id":12887,"section_number":"8.01-42","catch_line":"Loss or injury to clothing in dyeing, dry cleaning, or laundering","url":"\/8.01-42\/","token":"8.01\/3\/3\/8.01-42","metadata":false},{"id":54010,"structure_id":12887,"section_number":"8.01-42.1","catch_line":"Civil action for racial, religious, or ethnic harassment, violence or vandalism","url":"\/8.01-42.1\/","token":"8.01\/3\/3\/8.01-42.1","metadata":false},{"id":71047,"structure_id":12887,"section_number":"8.01-42.2","catch_line":"Liability of guest for hotel damage","url":"\/8.01-42.2\/","token":"8.01\/3\/3\/8.01-42.2","metadata":false},{"id":70599,"structure_id":12887,"section_number":"8.01-42.3","catch_line":"Civil action for stalking","url":"\/8.01-42.3\/","token":"8.01\/3\/3\/8.01-42.3","metadata":false},{"id":80887,"structure_id":12887,"section_number":"8.01-42.4","catch_line":"Civil action for trafficking in persons","url":"\/8.01-42.4\/","token":"8.01\/3\/3\/8.01-42.4","metadata":false},{"id":63928,"structure_id":12887,"section_number":"8.01-42.5","catch_line":"Civil action for female genital mutilation","url":"\/8.01-42.5\/","token":"8.01\/3\/3\/8.01-42.5","metadata":false},{"id":73227,"structure_id":12887,"section_number":"8.01-42.6","catch_line":"Liability of employer for personal injury or death by wrongful act","url":"\/8.01-42.6\/","token":"8.01\/3\/3\/8.01-42.6","metadata":false},{"id":83062,"structure_id":12887,"section_number":"8.01-43","catch_line":"Action against parent for damage to public property by minor","url":"\/8.01-43\/","token":"8.01\/3\/3\/8.01-43","metadata":false},{"id":59911,"structure_id":12887,"section_number":"8.01-44","catch_line":"Action against parent for damage to private property by minor","url":"\/8.01-44\/","token":"8.01\/3\/3\/8.01-44","metadata":false},{"id":73464,"structure_id":12887,"section_number":"8.01-44.1","catch_line":"Immunity from civil liability of members of certain committees, etc","url":"\/8.01-44.1\/","token":"8.01\/3\/3\/8.01-44.1","metadata":false},{"id":72343,"structure_id":12887,"section_number":"8.01-44.2","catch_line":"Action against physician for vaccine-related injury or death","url":"\/8.01-44.2\/","token":"8.01\/3\/3\/8.01-44.2","metadata":false},{"id":78701,"structure_id":12887,"section_number":"8.01-44.3","catch_line":"Divulgence of communications by qualified interpreters and communications assistants","url":"\/8.01-44.3\/","token":"8.01\/3\/3\/8.01-44.3","metadata":false},{"id":83884,"structure_id":12887,"section_number":"8.01-44.4","catch_line":"Action for shoplifting and employee theft","url":"\/8.01-44.4\/","token":"8.01\/3\/3\/8.01-44.4","metadata":false},{"id":81010,"structure_id":12887,"section_number":"8.01-44.5","catch_line":"Punitive damages for persons injured by intoxicated drivers","url":"\/8.01-44.5\/","token":"8.01\/3\/3\/8.01-44.5","metadata":false},{"id":56974,"structure_id":12887,"section_number":"8.01-44.6","catch_line":"Action for injury to cemetery property","url":"\/8.01-44.6\/","token":"8.01\/3\/3\/8.01-44.6","metadata":false},{"id":81782,"structure_id":12887,"section_number":"8.01-44.7","catch_line":"Action for tampering with metering device and diverting service","url":"\/8.01-44.7\/","token":"8.01\/3\/3\/8.01-44.7","metadata":false}],"previous_section":{"id":78701,"structure_id":12887,"section_number":"8.01-44.3","catch_line":"Divulgence of communications by qualified interpreters and communications assistants","url":"\/8.01-44.3\/","token":"8.01\/3\/3\/8.01-44.3","metadata":false},"next_section":{"id":81010,"structure_id":12887,"section_number":"8.01-44.5","catch_line":"Punitive damages for persons injured by intoxicated drivers","url":"\/8.01-44.5\/","token":"8.01\/3\/3\/8.01-44.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-44.4\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 721 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 2005, chapters 142<\/a> and 234<\/a>; in 2012, chapter 526<\/a>.<\/p>","references":false,"refers_to":[{"id":54920,"section_number":"18.2-102.1","catch_line":"Removal of shopping cart from store premises","order_by":null,"url":"\/18.2-102.1\/"},{"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":280809,"object_type":"law","relational_id":83884,"identifier":"8.01-44.4","token":"8.01\/3\/3\/8.01-44.4","url":"\/8.01-44.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-44.4\/","token":"8.01\/3\/3\/8.01-44.4","dublin_core":{"Title":"Action for shoplifting and employee theft","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-44.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A merchant may recover a civil judgment<\/span> against any adult or emancipated minor<\/span> who shoplifts<\/span> from that merchant for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages<\/span> of no more than $350. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A merchant may recover a civil judgment<\/span> against any person<\/span> who commits employee theft<\/span> for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages<\/span> of no more than $350. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The prevailing party<\/span> in any action<\/span> brought pursuant to this section shall be entitled to reasonable attorneys’ fees and costs not to exceed $150. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A conviction<\/span> of or a plea<\/span> of guilty to a violation of any other statute<\/span> is not a prerequisite to commencement of a civil action<\/span> pursuant to this section or enforcement of a judgment<\/span>. No action may be initiated under this section during the pendency of a criminal prosecution<\/span> based on the same allegations<\/span> of fact<\/span>; however the initiation of any criminal action against the perpetrator for the alleged offense<\/span> under § 18.2-95<\/a>, 18.2-96<\/a>, 18.2-102.1<\/a>, or 18.2-103<\/a> or any other criminal offense<\/span> defined under subsection F does not preclude a merchant from initiating or maintaining an action under this section once the prosecution<\/span> has been concluded. A merchant may not recover more than the retail value of the merchandise, or more than the unpaid retail value of the merchandise if the merchandise is not recovered in a merchantable condition, for the same loss if both criminal and civil actions<\/span> are initiated. However, nothing herein shall preclude a merchant from recovering damages<\/span> in excess of the retail value of the merchandise, or the unpaid retail value of the merchandise if the merchandise is not recovered in a merchantable condition, if a criminal action is initiated. Nothing herein shall preclude a merchant from nonsuiting the civil action<\/span> brought pursuant to this section and proceeding criminally under § 18.2-95<\/a>, 18.2-96<\/a>, 18.2-102.1<\/a>, or 18.2-103<\/a> or any other criminal offense<\/span> defined under subsection F. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Prior to the commencement of any action under this section, a merchant may demand, in writing, that an individual who may be civilly liable under this section make appropriate payment to the merchant in consideration for the merchant’s agreement not to commence any legal action under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> For purposes of this section:\n\t\t\t“Employee theft<\/span>” means the removal of any merchandise or cash from the premises of the merchant’s establishment or the concealment of any merchandise or cash by a person<\/span> employed by a merchant without the consent of the merchant and with the purpose or intent<\/span> of appropriating the merchandise or cash to the employee’s own or another’s use without full payment.\n\t\t\t“Shoplift<\/span>” means any one or more of the following acts committed by a person<\/span> without the consent of the merchant and with the purpose or intent<\/span> of appropriating merchandise to that person<\/span>’s own or another’s use without payment, obtaining merchandise at less than its stated sales price, or otherwise depriving a merchant of all or any part of the value or use of merchandise: (i) removing any merchandise from the premises of the merchant’s establishment; (ii) concealing any merchandise; (iii) substituting, altering, removing, or disfiguring any label or price tag; (iv) transferring any merchandise from a container in which that merchandise is displayed or packaged to any other container; (v) disarming any alarm tag attached to any merchandise; or (vi) obtaining or attempting to obtain possession<\/span> of any merchandise by charging that merchandise to another person<\/span> without the authority of that person<\/span> or by charging that merchandise to a fictitious person<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACTION FOR SHOPLIFTING AND EMPLOYEE THEFT (\u00a7 8.01-44.4)\n\nA. A merchant may recover a civil judgment against any adult or emancipated\nminor who shoplifts from that merchant for two times the unpaid retail value of\nthe merchandise, but in no event an amount less than $50. However, if the\nmerchant recovers the merchandise in merchantable condition, he shall be\nentitled to liquidated damages of no more than $350.\n\nB. A merchant may recover a civil judgment against any person who commits\nemployee theft for two times the unpaid retail value of the merchandise, but in\nno event an amount less than $50. However, if the merchant recovers the\nmerchandise in merchantable condition, he shall be entitled to liquidated\ndamages of no more than $350.\n\nC. The prevailing party in any action brought pursuant to this section shall be\nentitled to reasonable attorneys’ fees and costs not to exceed $150.\n\nD. A conviction of or a plea of guilty to a violation of any other statute is\nnot a prerequisite to commencement of a civil action pursuant to this section or\nenforcement of a judgment. No action may be initiated under this section during\nthe pendency of a criminal prosecution based on the same allegations of fact;\nhowever the initiation of any criminal action against the perpetrator for the\nalleged offense under § 18.2-95, 18.2-96, 18.2-102.1, or 18.2-103 or any\nother criminal offense defined under subsection F does not preclude a merchant\nfrom initiating or maintaining an action under this section once the prosecution\nhas been concluded. A merchant may not recover more than the retail value of the\nmerchandise, or more than the unpaid retail value of the merchandise if the\nmerchandise is not recovered in a merchantable condition, for the same loss if\nboth criminal and civil actions are initiated. However, nothing herein shall\npreclude a merchant from recovering damages in excess of the retail value of the\nmerchandise, or the unpaid retail value of the merchandise if the merchandise is\nnot recovered in a merchantable condition, if a criminal action is initiated.\nNothing herein shall preclude a merchant from nonsuiting the civil action\nbrought pursuant to this section and proceeding criminally under § 18.2-95,\n18.2-96, 18.2-102.1, or 18.2-103 or any other criminal offense defined under\nsubsection F.\n\nE. Prior to the commencement of any action under this section, a merchant may\ndemand, in writing, that an individual who may be civilly liable under this\nsection make appropriate payment to the merchant in consideration for the\nmerchant’s agreement not to commence any legal action under this section.\n\nF. For purposes of this section:\n\t\t\t“Employee theft” means the removal of any merchandise or cash\nfrom the premises of the merchant’s establishment or the concealment of\nany merchandise or cash by a person employed by a merchant without the consent\nof the merchant and with the purpose or intent of appropriating the merchandise\nor cash to the employee’s own or another’s use without full payment.\n\t\t\t“Shoplift” means any one or more of the following acts committed\nby a person without the consent of the merchant and with the purpose or intent\nof appropriating merchandise to that person’s own or another’s use\nwithout payment, obtaining merchandise at less than its stated sales price, or\notherwise depriving a merchant of all or any part of the value or use of\nmerchandise: (i) removing any merchandise from the premises of the\nmerchant’s establishment; (ii) concealing any merchandise; (iii)\nsubstituting, altering, removing, or disfiguring any label or price tag; (iv)\ntransferring any merchandise from a container in which that merchandise is\ndisplayed or packaged to any other container; (v) disarming any alarm tag\nattached to any merchandise; or (vi) obtaining or attempting to obtain\npossession of any merchandise by charging that merchandise to another person\nwithout the authority of that person or by charging that merchandise to a\nfictitious person.\n\nHISTORY: 1992, c. 721; 2005, cc. 142, 234; 2012, c. 526.","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}}