[HISTORY: Adopted by the Village Board of the Village of Argyle 12-7-2005 as Title 11, Ch. 3, Secs. 11-3-6 and 11-3-10, of the 2005 Village Code. Amendments noted where applicable.]
Article I Retail Theft
Article II Theft Prohibited
Whoever intentionally alters indicia of price or value of merchandise or takes and carries away, transfers, conceals or retains possession of merchandise held for resale by a merchant without consent and with intent to deprive the merchant permanently of possession or the full purchase price may be penalized as provided in § 594-4.
The intentional concealment of unpurchased merchandise which continues from one floor to another or beyond the last station for receiving payments in a merchant's store is evidence of intent to deprive the merchant permanently of possession of such merchandise without paying the purchase price thereof. The discovery of unpurchased merchandise concealed upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing such goods.
A merchant or merchant's adult employee who has probable cause for believing that a person has violated this article in his/her presence may detain such person in a reasonable manner for a reasonable length of time to deliver him/her to a law enforcement officer or to his/her parent or guardian if a minor. The detained person must be promptly informed of the purpose for the detention and may make phone calls, but he/she shall not be interrogated or searched against his/her will before the arrival of a law enforcement officer, who may conduct a lawful interrogation of the accused person. Compliance with this article entitles the merchant or his/her employee affecting the detention to the same defense in any action as is available to a peace officer making an arrest in the line of duty.
If the value of the merchandise does not exceed $100, any person violating this article shall forfeit not more than $1,000. If the value of the merchandise exceeds $100, this article shall not apply and the matter shall be referred to the District Attorney for criminal prosecution.
Whoever does any of the following may be penalized as provided in § 1-2 of this Code:
Intentionally takes and carries away, uses, transfers, conceals or retains possession of movable property of another without his/her consent and with intent to deprive the owner permanently of possession of such property.
By virtue of his/her office, business or employment, or as trustee or bailee, having possession or custody of money or of a negotiable security, instrument, paper or other negotiable writing of another, intentionally uses, transfers, conceals or retains possession of such money, security, instrument, paper or writing without the owner's consent, contrary to his/her authority and with intent to convert to his/her own use or to the use of any other person except the owner. A refusal to deliver any money or a negotiable security, instrument, paper or other negotiable writing which is in his/her possession or custody by virtue of his/her office, business or employment, or as trustee or bailee, upon demand of the person entitled to receive it or as required by law, is prima facie evidence of an intent to convert to his/her own use within the meaning of this subsection.
Having a legal interest in movable property, intentionally and without consent, take such property out of the possession of the pledgee or such other person having a superior right of possession with intent thereby to deprive the pledgee or other person permanently of the possession of such property.
Obtains title to property of another by intentionally deceiving him/her with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. "False representation" includes a promise made with intent not to perform it if it is a part of a false and fraudulent scheme.
Intentionally fails to return any personal property which is in his/her possession or under his/her control by virtue of a written lease or written rental agreement within 10 days after the lease or rental agreement has expired.
The following definitions shall be applicable in this article:
- MOVABLE PROPERTY
- Property whose physical location can be changed, without limitation, including electricity and gas, documents which represent or embody intangible rights, and things growing on or affixed to or found in land.
- All forms of tangible property, whether real or personal, without limitation, including electricity, gas and documents which represent or embody a choice in action or other intangible rights.
- PROPERTY OF ANOTHER
- Includes property in which the actor is a co-owner and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife.
- The market value at the time of the theft or the cost to the victim of replacing the property within the reasonable time after the theft, whichever is less, if the property stolen is a document evidencing a choice in action or other intangible right; "value" means either the market value of the chose in action or other right or the intrinsic value of the document, whichever is greater. If the thief gave consideration for or had a legal interest in the stolen property, the amount of such consideration or value of such interest shall be deducted from the total value of the property.