§ 34-99. Shoplifting.

(a)

The offense of shoplifting consists of any one or more of the following willful acts:

(1)

Taking possession of any merchandise with the intention of converting it without paying for it;

(2)

Concealing any merchandise with the intention of converting it without paying for it;

(3)

Altering any label, price tag or marking upon any merchandise with the intention of depriving the merchant of all or some part of the value of it; or

(4)

Transferring any merchandise from the container in or on which it is displayed to any other container with the intention of depriving the merchant of all or some part of the value of it.

(b)

Whoever commits shoplifting, when the value of the merchandise shoplifted is not more than $500.00, is guilty of a municipal offense.

(c)

Any individual charged with a violation of this section shall not be charged with a separate or additional offense arising out of the same transaction.

(d)

If any law enforcement officer, special officer or merchant has probable cause for believing that a person has willfully taken possession of any merchandise with the intention of converting it without paying for it, or has willfully concealed merchandise, and that he can recover the merchandise by detaining the person or taking him into custody, the law enforcement officer, special officer or merchant may, for the purpose of attempting to effect a recovery of the merchandise, take the person into custody and detain him in a reasonable manner for a reasonable time. Such taking into custody or detention shall not subject the officer or merchant to any criminal or civil liability.

(e)

Any law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the crime of shoplifting. Any merchant who causes such an arrest shall not be criminally or civilly liable if he has probable cause for believing the person so arrested has committed the crime of shoplifting.

(Code 1979, § 18-36; Code 2005, § 131.05; Ord. No. 761, § 1, 4-7-1986; Ord. No. 780, 6-1-1987)

State law reference

Similar provisions, NMSA 1978, § 30-16-20.