Nevada Shoplifting Law Excerpts

NRS 597.850 Shoplifting: Merchant may request person on premises to keep merchandise in full view; detention of suspect; immunity of merchant from liability; display of notice.

1. As used in this section and in NRS 597.860 and 597.870:

(a) “Merchandise” means any personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.

(b) “Merchant” means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchant’s premises.

(c) “Premises” means any establishment or part thereof wherein merchandise is displayed, held or offered for sale.

2. Any merchant may request any person on his premises to place or keep in full view any merchandise the person may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant is criminally or civilly liable on account of having made such a request.

3. Any merchant who has reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the person into custody and detain him, on the premises, in a reasonable manner and for a reasonable length of time. A merchant is presumed to have reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him if the merchant observed the person concealing merchandise while on the premises. Such taking into custody and detention by a merchant does not render the merchant criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless the taking into custody and detention are unreasonable under all the circumstances.

4. No merchant is entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place on his premises a notice in boldface type clearly legible and in substantially the following form:

 Any merchant or his agent who has reason to believe that merchandise has been wrongfully taken by a person may detain such person on the premises of the merchant for the purpose of recovering the property or notifying a peace officer. An adult or the parents or legal guardian of a minor, who steals merchandise is civilly liable for its value and additional damages. NRS 597.850, 597.860 and 597.870.

NRS 597.860 Shoplifting: Civil liability of adult who steals merchandise from or damages property on merchant’s premises.

1. An adult who steals merchandise from, or damages property on, a merchant’s premises is civilly liable for the retail value of the merchandise or the fair market value of the other property, plus damages of not less than $100 nor more than $250, costs of suit and reasonable attorney’s fees. An action may be brought even if there has been no criminal conviction for the theft or damage.

2. An action under this section may be brought as a small claim in a justice’s court if the total amount sought does not exceed the statutory limit for such a claim.

NRS 597.870 Shoplifting: Civil liability of parent or guardian of minor who steals merchandise from or damages property on merchant’s premises.

1. The parent or legal guardian, as the case may be, of a minor who steals merchandise from, or damages property on, a merchant’s premises is civilly liable for:

(a) The retail value of the merchandise; and

(b) The fair market value of the damaged property, plus damages of not less than $100 nor more than $250, costs of suit and reasonable attorney’s fees. An action may be brought even if there has been no criminal conviction for the theft or damage. Recovery under this section may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor.

2. An action under this section may be brought as a small claim in a justice’s court if the total amount sought does not exceed the statutory limit for such a claim.

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