What's happening
This bill amends civil liability for larceny in stores, basing penalties on the actual sales price rather than retail price and reduces some penalty amounts.
Why it matters
Switching to "actual sales price" ties civil penalties more closely to what was actually being charged to customers at the time of the alleged theft, rather than an often-inflated "retail price," potentially lowering the amounts owed by defendants and making civil liability more predictable and fair.
Lowering the penalty multiplier from five times to two times the actual sales price (and reducing the minimum penalty from $75 to $50) means individuals, including parents of minors, will face reduced financial consequences for civil liability, which could make these disputes less financially devastating.
The bill specifies that penalties are based on whether stolen merchandise is recovered in sellable condition, which may encourage more accurate assessments of losses and reduce the incentive for stores to overstate damages.
By requiring written rather than oral demands for payment before legal action, the amendment adds a layer of documentation and transparency, potentially reducing misunderstandings and frivolous claims.
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Who cares
Retailers and other mercantile operators
The bill would base civil recovery on the merchandise’s actual sales price at the place and time of the alleged theft and reduce the penalty ceiling to the greater of twice that price or $50, subject to the existing $500 cap.
Adults and emancipated minors who commit retail larceny
The bill would reduce their potential civil penalties and replace retail price with actual sales price when calculating liability.
Parents and legal guardians of unemancipated minors
The bill would apply the same reduced penalty formula and actual-sales-price valuation to their civil liability for a minor’s retail theft.
Retailers seeking payment before filing suit
The bill would replace express authorization to demand payment orally or in writing with authorization to ask for payment in writing.
Headline styles
Change Shoplifting Penalties
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
2 Multi-sponsors
History
- Enacting clause stricken
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3174
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. SEPULVEDA, RAIA, STECK -- Multi-Sponsored by -- M. of A. COOK, GARBARINO -- read once and referred to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to larceny in mercantile establishments
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 11-105 of the general obligations law, as added by chapter 724 of the laws of 1991, is amended to read as follows:
§ 11-105. Larceny in mercantile establishments. 1. When used in this section, the term "mercantile establishment" shall mean a place or vehicle where goods, wares or merchandise are offered for sale or a place or vehicle from which deliveries of goods, wares or merchandise are made.
2. When used in this section, the term "larceny" is an act heretofore defined or known as common law larceny by trespassory taking as defined in paragraph (a) of subdivision two of section 155.05 of the penal law committed against the property of a mercantile establishment.
2-a. When used in this section, the term "actual sales price" shall mean the price of the merchandise offered for sale to the public at the specific place, on the specific day and at the specific time of the alleged larceny.
3. When used in this section, the term "emancipated minor" shall mean a person who was over the age of sixteen at the time of the alleged larceny and who was no longer a dependent of or in the custody of a parent or legal guardian.
4. In any proceeding brought under this section the burden of proof shall be by a preponderance of the evidence.
5. An adult or emancipated minor who commits larceny against the property of a mercantile establishment shall be civilly liable to the operator of such establishment in an amount consisting of:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07384-01-7
A. 3174 2
(a) the [retail] actual sales price of the merchandise offered for sale to the general public at the time of such alleged larceny if such merchandise is not recovered in merchantable condition up to an amount not to exceed fifteen hundred dollars; plus
(b) a penalty not to exceed the greater of [five] two times the [retail] actual sales price of the merchandise or [seventy-five] fifty dollars; provided, however, that in no event shall such penalty exceed five hundred dollars.
6. Parents or legal guardians of an unemancipated minor shall be civilly liable for said minor who commits larceny against the property of a mercantile establishment to the operator of such establishment in an amount consisting of:
(a) the [retail] actual sales price of the merchandise offered for sale to the general public at the time of such alleged larceny if such merchandise is not recovered in merchantable condition up to an amount not to exceed fifteen hundred dollars; plus
(b) a penalty not to exceed the greater of [five] two times the [retail] actual sales price of the merchandise or [seventy-five] fifty dollars; provided, however, that in no event shall such penalty exceed five hundred dollars.
7. A conviction or a plea of guilty for committing larceny is not a prerequisite to the bringing of a civil suit, obtaining a judgment, or collecting that judgment under this section.
8. The fact that an operator of a mercantile establishment may bring an action against an individual as provided in this section shall not limit the right of such merchant to [demand, orally or] ask in writing, that a person who is liable for damages and penalties under this section remit the damages and penalties prior to the commencement of any legal action.
9. In any action brought under subdivision six of this section, the court shall consider in the interest of justice mitigating circumstances that bear directly upon the actions of the parent or legal guardian in supervising the unemancipated minor who committed the larceny.
10. An action for recovery of damages and penalties under this section may be brought in any court of competent jurisdiction.
11. The provisions of this section shall not be construed to prohibit or limit any other cause of action which an operator of a mercantile establishment may have against a person who unlawfully takes merchandise from the mercantile establishment.
12. Any testimony or statements of the defendant or unemancipated minor child of the defendant or any evidence derived from an attempt to reach a civil settlement or from a civil proceeding brought under this section shall be inadmissible in any other court proceeding relating to such larceny.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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