§ 10-16-2. Shoplifting.

A.

Any person who shall willfully take possession of any goods, wares or merchandise offered for sale by any store or other mercantile establishment with the intent of converting the same to his or her own use without paying the purchase price thereof is guilty of shoplifting.

B.

Any person willfully concealing unpurchased goods or merchandise of any store or other mercantile establishment, whether on the premises or outside the premises of such store, shall be prima facie presumed to have so concealed such article with intention of converting the same to his or her own use without paying the purchase price thereof.

C.

The finding of such unpurchased goods or merchandise concealed upon such person or among the belongings of such person shall be prima facie evidence of willful concealment, and if such person conceals, or causes to be concealed, such unpurchased goods or merchandise upon the person, or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such goods.

D.

A peace officer or merchant or a merchant's employee who has probable cause for believing that goods held for sale by the merchant have been unlawfully taken by a person and that he or she can recover them by taking the person into custody, may for the purpose of attempting to effect such recovery, take the person into custody and detain him or her in a reasonable manner for a reasonable length of time. Such taking into custody and detention by a peace officer, merchant, or merchant's employee shall not render such police officer, merchant, or merchant's employee criminally or civilly liable for false arrest, false imprisonment or unlawful detention.

(Code 1967, § 22-43.2; Code 1985, § 20-18; Ord. No. 607, §§ 1—5, 12-23-1969; Ord. No. 938, § 1, 4-27-1971)

State law reference

Shoplifting, T.C.A. § 39-14-144 et seq.