Retailers in the 50 States of the United States

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 have the authority under state law

State law

In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...

s, that have been passed within the past several decades (starting in 1973) to demand civil damages by letter notice from apprehended shoplifters. A conviction for shoplifting (theft

Theft

In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...

) is not a prerequisite to the civil demand for damages by the retailer. The civil demand can be made and settled before a civil lawsuit

Lawsuit

A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...

 is filed against the shoplifter in the appropriate civil court. A civil demand may be made by the retailer under most state laws whether or not a criminal prosecution has been initiated by the retailers' loss prevention

Loss prevention

Retail loss prevention is a form of private investigation into larceny or theft. The focus of such investigations generally includes shoplifting, package pilferage, embezzlement, credit fraud, and check fraud...

 personnel or local law enforcement

Law enforcement agency

In North American English, a law enforcement agency is a government agency responsible for the enforcement of the laws.Outside North America, such organizations are called police services. In North America, some of these services are called police while others have other names In North American...

.

California

California

California

California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

's "civil recovery

Civil recovery

-United Kingdom:In the legal systems of the constituent countries of the United Kingdom, civil recovery is claimed by retailers to enable the retailer's claims handling agent to recover, in civil proceedings before the High Court or Court of Session, property which is, or represents, property...

" statute is California Penal Code

California Penal Code

The Penal Code of California forms the basis for the application of criminal law in the American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then....

 section 490.5(b) and (c). The statute provides that a person who steals merchandise from a merchant or a book from a library

Library

In a traditional sense, a library is a large collection of books, and can refer to the place in which the collection is housed. Today, the term can refer to any collection, including digital sources, resources, and services...

 may be civilly liable to the merchant or library for between $50 and $500, plus costs, plus the value of the item stolen if it has not been recovered in its original condition. The parent(s) of a minor may be sued if the crime is committed by an unemancipated minor. An action to recover damages under this section may be brought in small claims

Small claims court

Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction; it may be known as a county or magistrate's court...

 or traditional civil court.

Oregon

The Supreme Court of Oregon held that Oregon

Oregon

Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...

's civil recovery statute is constitutional.

Tennessee

Tennessee

Tennessee

Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...

law allow the recovery of the greater of $100 or twice the value of the stolen item.

Further reading