[HISTORY: Adopted by the City Council of the City of Crystal
Lake 12-6-2011 by Ord. No. 6721. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any place where merchandise is displayed, held, stored or
offered for sale to the public.
Any tool or device specifically designed or intended to be
used to remove any theft detection device from any merchandise.
Any laminated or coated bag or device designed and intended
to shield merchandise from detection by an electronic or magnetic
theft alarm sensor.
The offense of misdemeanor retail theft is committed when a
person knowingly commits the following acts and the full retail value
of the merchandise involved does not exceed the amount listed as a
misdemeanor in Section 16-25(f)(1) of the Illinois Criminal Code,
720 ILCS 5/16-25:
A.
Takes possession of, carries away, transfers or causes to be carried
away or transferred any merchandise displayed, held, stored or offered
for sale in a retail mercantile establishment with the intention of
retaining such merchandise or with the intention of depriving the
merchant of the possession, use or benefit of such merchandise without
paying the full retail value of such merchandise; or
B.
Alters, transfers, or removes any label, price tag, marking, indicia
of value or any other markings which aid in determining value affixed
to any merchandise displayed, held, stored or offered for sale in
a retail mercantile establishment and attempts to purchase such merchandise
personally or in consort with another at less than the full retail
value with the intention of depriving the merchant of the full retail
value of such merchandise; or
C.
Transfers any merchandise displayed, held, stored or offered for
sale in a retail mercantile establishment from the container in or
on which such merchandise is displayed to any other container with
the intention of depriving the merchant of the full retail value of
such merchandise; or
D.
Causes the cash register or other sales recording device to reflect
less than the full retail value of the merchandise; or
E.
Removes a shopping cart from the premises of a retail mercantile
establishment without the consent of the merchant given at the time
of such removal with the intention of depriving the merchant permanently
of the possession, use or benefit of such cart; or
F.
Represents to a merchant that he or another is the lawful owner of
property knowing that such representation is false, and transfers
or attempts to transfer that property to a merchant who is the owner
of the property in exchange for money, merchandise credit or other
property of the merchant; or
G.
Uses or possesses any theft detection shielding device or theft detection
device remover with the intention of using such device to deprive
the merchant of the possession, use or benefit of any merchandise
displayed, held, stored or offered for sale in a retail mercantile
establishment without paying the full retail value of such merchandise.
If any person conceals upon his or her person, or among his
or her belongings, unpurchased merchandise displayed, held, stored
or offered for sale in a retail mercantile establishment and removes
that merchandise beyond the last known station for receiving payments
for that merchandise in that retail mercantile establishment, such
person shall be presumed to have possessed, carried away or transferred
such merchandise with the intention of retaining it or with the intention
of depriving the merchant of the merchandise without paying the full
retail value of the merchandise. For purposes of this section, to
"conceal merchandise" means that, although there may be some notice
of the merchandise's presence, the merchandise is not visible
through ordinary observation.
A.
Any merchant who has reasonable grounds to believe that a person
has committed retail theft may detain such person, on or off the premises
of a retail mercantile establishment, in a reasonable manner and for
a reasonable length of time for all or any of the following purposes:
(1)
To request identification.
(2)
To verify such identification.
(3)
To make reasonable inquiry as to whether such person has in his possession
unpurchased merchandise, and to make reasonable investigation of the
ownership of such merchandise.
(4)
To inform a peace officer of the detention of the person and surrender
that person to the custody of a peace officer.
(5)
In the case of a minor, to inform a peace officer, the parents, guardian
or other private person interested in the welfare of that minor of
this detention and to surrender custody of such minor to such person.
B.
A merchant may make a detention as permitted herein off the premises
of a retail mercantile establishment only if such detention is pursuant
to an immediate pursuit of such person.
C.
A merchant shall be deemed to have reasonable grounds to make a detention
for the purposes of this chapter if the merchant detains a person
because such person has in his possession either a theft detection
shielding device or a theft detection device remover.
Any person convicted of a violation of any section of this chapter shall be fined as set forth in Chapter 248, Fines.
