Statutes | Law and Order Code of the Fort McDowell Yavapai Community, Arizona Chapter 6 Article VI ยง 6-89 | 2020

A. A person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, such person knowingly obtains such goods of another with the intent to deprive that person, business, organization or group of such goods by:

     1. Removing any of the goods from any area designed for the payment and/or check out of merchandise, or from the establishment, without paying the purchase price or

     2. Charging the purchase price of the goods to a fictitious person or any person without that persons authority or

     3. Paying less than the purchase price of the goods by some trick or artifice such as altering, removing, substituting or otherwise disfiguring any label, price tag or marking or

     4. Transferring the goods from one (1) container to another or

     5. Concealment.

B. Any person who knowingly conceals upon himself or another person unpurchased merchandise of any mercantile establishment while within the mercantile establishment shall be presumed to have the necessary culpable mental state pursuant to subsection A of this section.

C. A merchant, or a merchants agent or employee, with reasonable cause, may detain on the premises in a reasonable manner and for a reasonable time any person suspected of shoplifting as defined in subsection A of this section for questioning or summoning a law enforcement officer.

D. Reasonable cause is a defense to a civil or criminal action against a peace officer, a merchant or an agent or employee of such merchant for false arrest, false or unlawful imprisonment or wrongful detention.

E. Shoplifting is a Class III offense.

(Law & Order Code 2006, § 6-89)