Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0822 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- S 0822
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7	7	LC001037
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO CRIMINAL OFFENSES -- THEFT, EMBEZZLEMENT, FALSE
16	16	PRETENSES, AND MISAPPROPRIATION
17	17	Introduced By: Senators Raptakis, Patalano, Tikoian, Appollonio, Thompson, Burke,
18	18	Quezada, McKenney, Sosnowski, and Ciccone
19	19	Date Introduced: March 14, 2025
20	20	Referred To: Senate Judiciary
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Section 11-41-20 of the General Laws in Chapter 11-41 entitled "Theft, 1
25	25	Embezzlement, False Pretenses, and Misappropriation" is hereby amended to read as follows: 2
26	26	11-41-20. Shoplifting. 3
27	27	(a) For the purpose of this section: 4
28	28	(1) “Conceal” means to place merchandise in such a manner that it is not visible through 5
29	29	ordinary observation. 6
30	30	(2) “Full retail value” means the merchant’s stated price of the merchandise. 7
31	31	(3) “Merchandise” means any items of tangible personal property offered for sale within a 8
32	32	retail mercantile establishment. 9
33	33	(4) “Merchant” means an owner or operator of any retail mercantile establishment or any 10
34	34	agent, employee, lessee, officer, or director of the owner or operator. 11
35	35	(5) “Premises of a retail mercantile establishment” includes the retail mercantile 12
36	36	establishment, and common use areas in shopping centers, and all parking areas set aside by a 13
37	37	merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons 14
38	38	of the retail mercantile establishment. 15
39	39	(6) “Retail mercantile establishment” means any place where merchandise is displayed, 16
40	40	held, stored or offered for sale to the public. 17
41	41	(7) “Shopping cart” means those push carts of the type or types which are commonly 18
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45	45	provided by grocery stores, drug stores, or other retail mercantile establishments for the use of the 1
46	46	public in transporting commodities on or from the premises of the retail mercantile establishment. 2
47	47	(b) Whoever shall engage in the following shall be guilty of the crime of shoplifting: 3
48	48	(1) Take possession of, carry away, transfer or cause to be carried away or transferred any 4
49	49	merchandise displayed, held, stored, or offered for sale by a retail mercantile establishment with 5
50	50	the intention of depriving the merchant of all or any part of the full retail value of the merchandise; 6
51	51	(2) Alter, transfer, or remove a label, price tag, marking, indicia of value or any other 7
52	52	markings which aid in determining value affixed to any merchandise displayed, held, stored or 8
53	53	offered for sale in a retail mercantile establishment and attempt to purchase or purchase the 9
54	54	merchandise personally or in consort with another at less than the full retail value with the intention 10
55	55	of depriving the merchant of all or any part of the full retail value of such merchandise; 11
56	56	(3) Transfer any merchandise displayed, held, stored or offered for sale in a retail 12
57	57	mercantile establishment from one container to another in an attempt to purchase or purchase the 13
58	58	merchandise personally or in consort with another at less than the full retail value with the intention 14
59	59	of depriving the merchant of all or any part of the full retail value of the merchandise; or 15
60	60	(4) Remove a shopping cart from the premises of a retail mercantile establishment without 16
61	61	the consent of the merchant given at the time of the removal with the intention of depriving the 17
62	62	merchant of the possession, use, or benefit of the cart. 18
63	63	(c) The fact that a person conceals upon his person, among his or her belongings, or upon 19
64	64	the person or among the belongings of another merchandise displayed, held, stored or offered for 20
65	65	sale in a retail mercantile establishment, for which he or she has not paid the full retail value, and 21
66	66	the merchandise has been taken beyond the area within the retail mercantile establishment where 22
67	67	payment for it is to be made, shall be prima facie evidence that the person has possessed, carried 23
68	68	away, or transferred the merchandise with the intention of depriving the merchant of all or part of 24
69	69	the full retail value of the merchandise without paying the full retail value of the merchandise. 25
70	70	(d) Any person convicted of the crime of shoplifting shall be guilty of a misdemeanor and 26
71	71	shall be punished by a fine of not less than fifty dollars ($50.00) or two times the full retail value 27
72	72	of the merchandise, whichever is greater, but not more than five hundred dollars ($500), or by 28
73	73	imprisonment for not more than one year, or both; provided, any person convicted of the crime of 29
74	74	shoplifting merchandise with a retail value of over one hundred dollars ($100) who has previously 30
75	75	been convicted of shoplifting shall be guilty of a felony and shall be punished by a fine of not more 31
76	76	than five thousand dollars ($5,000), or by imprisonment of not more than five (5) years, or both. 32
77	77	(e) When two (2) or more individuals associate to accomplish an act or acts which 33
78	78	constitute shoplifting as described in this section, the individuals may be deemed to be individuals 34
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82	82	associated for a particular purpose of committing shoplifting, shall be guilty of a felony and shall 1
83	83	be punished by a fine of not more than five thousand dollars ($5,000), or by imprisonment of not 2
84	84	more than five (5) years, or both. 3
85	85	SECTION 2. This act shall take effect upon passage. 4
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92	92	EXPLANATION
93	93	BY THE LEGISLATIVE COUNCIL
94	94	OF
95	95	A N A C T
96	96	RELATING TO CRIMINAL OFFENSES -- THEFT, EMBEZZLEMENT, FALSE
97	97	PRETENSES, AND MISAPPROPRIATION
98	98	***
99	99	This act would provide that when two (2) or more individuals associate to accomplish the 1
100	100	crime of shoplifting, that they would be deemed to be associated for the particular purpose of 2
101	101	shoplifting and be guilty of a felony. 3
102	102	This act would take effect upon passage. 4
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