[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.]
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:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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:
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.
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.
