76-6-803.60.  Detention of theft suspect by library employee — Purposes.

(1) 

criminal case

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Terms Used In Utah Code 76-6-803.60

  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(a)  As used in this section:

(i)  “Library” means the same as that term is defined in Section 76-6-801.

(ii)  “Library materials” means the same as that term is defined in Section 76-6-801.

(b)  Terms defined in Section 76-1-101.5 apply to this section.

(2)  Any employee of the library who has probable cause to believe that a person has committed library theft may detain the person, on or off the premises of a library, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:

(a)  to make reasonable inquiry as to whether the person has in his possession concealed library materials;

(b)  to request identification;

(c)  to verify identification;

(d)  to make a reasonable request of the person to place or keep in full view any library materials the individual may have removed, or which the employee has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, or for any other reasonable purpose;

(e)  to inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer; or

(f)  in the case of a minor, to inform a peace officer, the parents, guardian, or other private person interested in the welfare of the minor as soon as possible of this detention and to surrender custody of the minor to this person.

(3)  An employee may make a detention under this section off the library premises only if the detention is pursuant to an immediate pursuit of the person.

Amended by Chapter 111, 2023 General Session

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