§ 16-4 False Imprisonment - Shoplifter Defense

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 16-4 False Imprisonment - Shoplifter Defense

The General Assembly of this State has passed a statute. It is the law of the State. It is section 16-13-140 of the South Carolina Code. That statute provides:

In any action brought by reason of having been delayed by a merchant or merchant's employee or agent on or near the premises of a mercantile establishment for the purpose of investigation concerning the ownership of any merchandise, it shall be a defense to such action if: (1) [t]he person was delayed in a reasonable manner and for a reasonable time to permit such investigation, and (2) reasonable cause existed to believe that the person delayed had committed the crime of shoplifting.

Thus, South Carolina law protects merchants and their employees who stop suspected shoplifters upon two conditions:

(1) the suspected shoplifter was delayed in a reasonable manner and for a reasonable amount of time to permit investigation; and
(2) reasonable cause existed to believe the person delayed committed the crime of shoplifting.

Section 16-13-140 refers to "the crime of shoplifting," which is defined in § 16-13-110 of the South Carolina Code:

A person is guilty of shoplifting if he:

(1) takes possession of, carries away, transfers from one person to another or from one area of a store or other retail mercantile establishment to another area, or causes to be carried away or transferred any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use, or benefit of the merchandise without paying the full retail value;
(2) 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 store or other retail mercantile establishment and attempts to purchase the 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 the merchandise;
(3) transfers any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment from the container in which it is displayed to any other container with intent to deprive the merchant of the full retail value.

You are to consider this definition only in context with the language of the statute I read to you concerning factor number...