9 Alaska Admin. Code § 10.010

Current through April 27, 2024
Section 9 AAC 10.010 - Civil liability shoplifting forms
(a) The following adult demand letter may be used to satisfy the condition specified in AS 09.68.110(c):

ADULT DEMAND LETTER

[Store name]

[Store address]

[Date]

[Person's name]

[Person's address]

________________________

This store has reason to believe that on [date] you took from us [list stolen items] without permission, without paying for them, and to use them as your own.

State law provides that we can demand that you pay these penalties:

For actual damages: $ _________ The selling price of the stolen items under $1,000(even if we have recovered the items): $ _________ A penalty of not less than $ 100 or more than $ 200: $ _________ TOTAL AMOUNT DEMANDED: $ _________ This letter is our demand; it is not a court document. A copy of the state law allowing this demand is attached.

________________________

Please send your check or money order to:

[Store name]

[Store address]

If you disagree with this demand, you may wish to contact [store contact and phone number] . HOWEVER, IF YOU ARE PROSECUTED CRIMINALLY FOR THE ACT OF SHOPLIFTING, ANYTHING YOU SAY TO THE STORE OWNER OR HIS EMPLOYEES MAY AND WILL BE USED AGAINST YOU IN COURT IN A CRIMINAL PROSECUTION. YOU SHOULD CONSULT AN ATTORNEY.

[Signed by store owner, manager, or representative]

(b) The following second adult demand letter may be used to further satisfy the condition specified in AS 09.68.110(c):

SECOND ADULT DEMAND LETTER

[Store name]

[Store address]

[Date]

[Person's name]

[Person's address]

________________________

This store has reason to believe that on [date] you took from us [list stolen items] without permission, without paying for them, and to use them as your own.

You have not replied to our demand letter of [date] . We are again demanding payment. State law provides that we can demand that you pay these penalties:

For actual damages: $ _________ The selling price of the stolen items under $1,000(even if we have recovered the items): $ _________ A penalty of not less than $ 100 or more than $ 200: $ _________ TOTAL AMOUNT DEMANDED: $ _________

Please send your check or money order to:

[Store name]

[Store address]

________________________

[Signed by store owner, manager, or representative]

(c) The following unemancipated minor demand letter may be used to satisfy the condition specified in AS 09.68.110(c) in appropriate cases:

UNEMANCIPATED MINOR DEMAND LETTER

[Store name]

[Store address]

[Date]

[Child's parents or guardian]

[Parents' or guardians's address]

________________________

This store has reason to believe that on [date] a legally dependent minor, [child's name], took from us the following items _________ without permission, without paying for them, and to use as [his] [her] own. State law provides that we can demand that you pay these penalties:

The selling price of the stolen items under $500(even if we have recovered the items): $ _________ A penalty of not less than $ 100 or more than $ 200: $ _________ TOTAL AMOUNT DEMANDED: $ _________ This letter is our demand; it is not a court document. A copy of the state law allowing this demand is attached.

________________________

Please send your check or money order to:

[Store name]

[Store address]

If you disagree with this demand, you may wish to contact [store contact and phone number] . HOWEVER, IF YOUR CHILD IS PROSECUTED IN JUVENILE COURT FOR THE ACT OF SHOPLIFTING, ANYTHING YOU SAY TO THE STORE OWNER OR HIS EMPLOYEES MAY AND WILL BE USED AGAINST [HIM] [HER[ IN COURT IN THAT PROSECUTION. YOU SHOULD CONSULT AN ATTORNEY.

[Signed by store owner, manager, or representative]

(d) The following second unemancipated minor demand letter may be used to further satisfy the condition specified in AS 09.68.110(c) in appropriate cases:

SECOND UNEMANCIPATED MINOR DEMAND LETTER

[Store name]

[Store address]

[Date]

[Child's parents or guardian]

[Parents' or guardians's address]

________________________

This store has reason to believe that on [date] a legally dependent minor, [child's name], took from us the following items _________ without permission, without paying for them, and to use as [his] [her] own. State law provides that we can demand that you pay these penalties:

The selling price of the stolen items under $500 (even if we have recovered the items): $ _________ A penalty of not less than $ 100 or more than $ 200: $ _________ TOTAL AMOUNT DEMANDED: $ _________

Please send your check or money order to:

[Store name]

[Store address]

If you disagree with this demand, you may wish to contact [store contact and phone number] . HOWEVER, IF YOUR CHILD IS PROSECUTED IN JUVENILE COURT FOR THE ACT OF SHOPLIFTING, ANYTHING YOU SAY TO THE STORE OWNER OR HIS EMPLOYEES MAY AND WILL BE USED AGAINST [HIM] [HER[ IN COURT IN THAT PROSECUTION. YOU SHOULD CONSULT AN ATTORNEY.

[Signed by store owner, manager, or representative]

9 AAC 10.010

Eff. 12/30/82, Register 84

As of Register 183 (October 2007), the regulations attorney made technical revisions under AS 44.62.125(b)(6) to 9 AAC 10.010, to reflect the 1994 renumbering of former AS 09.65.110 by the revisor of statutes. The provisions of former AS 09.65.110 were relocated to AS 09.68.110.

Authority:AS 09.68.110