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Terms Used In Vermont Statutes Title 13 Sec. 2575

  • Merchandise: means any items of tangible personal property displayed, held, stored, or offered for sale. See
  • Merchant: means an owner or manager of any retail mercantile establishment, or any person or persons in a supervisory capacity or security officer authorized in writing by the owner or manager to make requests or detentions under this subchapter. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Retail mercantile establishment: means any place where merchandise is displayed or offered for sale to the public, including storage areas on the premises of such an establishment. See
  • Retail value: means the merchant's indicated price of the merchandise at the time of the theft. See

§ 2575. Offense of retail theft

A person commits the offense of retail theft when the person, with intent of depriving a merchant wrongfully of the lawful possession of merchandise, money, or credit:

(1) takes and carries away or causes to be taken and carried away or aids and abets the carrying away of, any merchandise from a retail mercantile establishment without paying the retail value of the merchandise; or

(2) alters, transfers, or removes or causes to be altered, transferred, or removed or aids and abets the alteration, transfer, or removal of any label, price tag, indicia of value, or any other markings affixed to any merchandise in a retail mercantile establishment and purchases the merchandise for less than its retail value; or

(3) transfers or causes to be transferred or aids and abets in the transfer of any merchandise in a retail mercantile establishment from one container or location to another container or location and purchases the merchandise for less than its retail value; or

(4) alters, transfers, counterfeits, or reproduces a retail sales receipt or a Universal Product Code (UPC) label or possesses an altered, counterfeit, or reproduced retail sales receipt or UPC label; or

(5) possesses 15 or more altered, counterfeit, or reproduced retail sales receipts or UPC labels or possesses a device that is designed to alter, counterfeit, or reproduce retail sales receipts or UPC labels; or

(6) manufactures, sells, offers for sale, distributes, or knowingly possesses a laminated or coated bag intended to shield merchandise from detection by an electronic or magnetic theft detector; or

(7) manufactures, sells, offers for sale, distributes, or knowingly possesses any tool or device designed to allow or capable of allowing the deactivation or removal from any merchandise of any theft detection device without the permission of the merchant or the person owning or lawfully holding the merchandise. (Added 1977, No. 227 (Adj. Sess.), § 1; amended 2005, No. 157 (Adj. Sess.), § 1.)