Actions and Suits in Particular Cases

ORS 30.875
Civil damages for shoplifting or taking of agricultural produce

(1)

An adult or an emancipated minor who takes possession of any merchandise displayed or offered for sale by any mercantile establishment, or who takes from any real property any agricultural produce kept, grown or raised on the property for purposes of sale, without the consent of the owner and with the intention of converting such merchandise or produce to the individual’s own use without having paid the purchase price thereof, or who alters the price indicia of such merchandise, shall be civilly liable to the owner for actual damages, for a penalty to the owner in the amount of the retail value of the merchandise or produce not to exceed $500, and for an additional penalty to the owner of not less than $100 nor more than $250.

(2)

The parents having custody of an unemancipated minor who takes possession of any merchandise displayed or offered for sale by any mercantile establishment, or who takes from any real property any agricultural produce kept, grown or raised on the property for purposes of sale, without the consent of the owner, and with the intention of converting such merchandise or produce to the minor’s own use without having paid the purchase price thereof, or who alters the price indicia of such merchandise or who engages in conduct described in ORS 164.125 (Theft of services), 164.132 (Unlawful distribution of cable television equipment) or 164.373 (Tampering with cable television equipment), shall be civilly liable to the owner for actual damages, for a penalty to the owner in the amount of the retail value of the merchandise or produce not to exceed $250, plus an additional penalty to the owner of not less than $100 nor more than $250. Persons operating a foster home certified under ORS 418.625 (Definitions for ORS 418) to 418.645 (Appeal from decision of department) are not liable under this subsection for the acts of children not related to them by blood or marriage and under their care.

(3)

A conviction for theft is not a condition precedent to the maintenance of a civil action under this section.

(4)

A civil liability under this section is not limited by any other law that limits liability of parents of minor children.

(5)

An action for recovery of damages under this section may be brought in any court of competent jurisdiction, including the small claims department of a circuit court if the total damages do not exceed the jurisdictional limit of the small claims department.

(6)

The fact that an owner or seller of merchandise or agricultural produce may bring an action against an individual for damages as provided in this section shall not limit the right of the owner or seller to demand, in writing, that a person who is liable for damages under this section remit said damages prior to the commencement of any legal action.

(7)

Judgments, but not claims, arising under this section may be assigned.

(8)

An action under this section may not be brought based on a dishonored check, draft or order for payment of money if an action can be brought on the dishonored check, draft or order under ORS 30.701 (Actions against maker of dishonored check).

(9)

An action under this section must be commenced within three years after the merchandise or agricultural produce is taken. [1979 c.592 §2; 1981 c.716 §6; 1985 c.537 §6; 1987 c.907 §16; 1995 c.658 §28; 1997 c.182 §§3,4; 1999 c.705 §5; 2003 c.324 §1]

Notes of Decisions

Deterrence of juvenile shoplifting is unquestionably legitimate state purpose and this section does not violate Due Process clause of federal Fourteenth Amendment. Payless Drug Stores v. Brown, 80 Or App 255, 722 P2d 31 (1986), Sup Ct review denied

Shoplifter’s payment of penalty to private party is not punishment for purposes of double jeopardy under federal Constitution. State v. Reetz, 142 Or App 421, 920 P2d 568 (1996)

Payment of civil penalty is civil compromise for purposes of accusatory instrument dismissal under ORS 135.705. State v. Johnsen, 327 Or 415, 962 P2d 689 (1998)

Law Review Citations

16 WLR 207 (1979); 60 OLR 431 (1981); 28 WLR 455 (1992)

Source

Last accessed
May 30, 2023

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