537.125. Shoplifting--detention of suspect by merchant--liability presumption.
Shoplifting--detention of suspect by merchant--liability presumption.
537.125. 1. As used in this section:
(1) "Mercantile establishment" means any mercantile place ofbusiness in, at or from which goods, wares and merchandise aresold, offered for sale or delivered from and sold at retail orwholesale;
(2) "Merchandise" means all goods, wares and merchandiseoffered for sale or displayed by a merchant;
(3) "Merchant" means any corporation, partnership,association or person who is engaged in the business of sellinggoods, wares and merchandise in a mercantile establishment;
(4) "Wrongful taking" includes stealing of merchandise ormoney and any other wrongful appropriation of merchandise ormoney.
2. Any merchant, his agent or employee, who has reasonablegrounds or probable cause to believe that a person has committedor is committing a wrongful taking of merchandise or money from amercantile establishment, may detain such person in a reasonablemanner and for a reasonable length of time for the purpose ofinvestigating whether there has been a wrongful taking of suchmerchandise or money. Any such reasonable detention shall notconstitute an unlawful arrest or detention, nor shall it renderthe merchant, his agent or employee, criminally or civilly liableto the person so detained.
3. Any person willfully concealing unpurchased merchandiseof any mercantile establishment, either on the premises oroutside the premises of such establishment, shall be presumed tohave so concealed such merchandise with the intention ofcommitting a wrongful taking of such merchandise within themeaning of subsection 1, and the finding of such unpurchasedmerchandise concealed upon the person or among the belongings ofsuch person shall be evidence of reasonable grounds and probablecause for the detention in a reasonable manner and for areasonable length of time, of such person by a merchant, hisagent or employee, in order that recovery of such merchandise maybe effected, and any such reasonable detention shall not bedeemed to be unlawful, nor render such merchant, his agent oremployee criminally or civilly liable.
4. Any merchant, his agent or employee, who has reasonablegrounds or probable cause to believe that a person has committeda wrongful taking of property, as defined in this section, andwho has detained such person and investigated such wrongfultaking, may contact law enforcement officers and instigatecriminal proceedings against such person. Any such contact oflaw enforcement authorities or instigation of a judicialproceeding shall not constitute malicious prosecution, nor shallit render the merchant, his agent or employee criminally orcivilly liable to the person so detained or against whomproceedings are instigated.
(L. 1961 p. 571 §§ 1, 2, 3, A.L. 1985 H.B. 225)(1972) This section adds to previously existing law a presumption that the willful concealment of property supplies the intent to steal. It is still, however, a jury issue as to whether there existed a willful concealment. The presumption is rebuttable by evidence such as that accused placed the tape recorder batteries in his pocket to aid in inspecting a magazine on a rack, and that he had no intent to steal. Schwane v. Broger Company (A.), 480 S.W.2d 113.
(1978) It was error for trial court to read a portion of statute, but counsel failed to state the proper objection at time evidence was admitted. Bly v. Skaggs Drug Centers, Inc. (A.), 562 S.W.2d 723.