Any person who, with the intention of illegally taking merchandise from a commercial establishment, for him/herself or another, without paying the price fixed by the seller commits any of the following acts and incurs a misdemeanor:
(a) Hides merchandise on his/her person, purse or handbag, bag, or any other similar object, or on the person of a minor, elderly or person with disabilities who is under his control;
(b) alters or changes the price on the price tag of the merchandise be it on a label, bar code or any other marking showing the sales price;
(c) changes the merchandise from one container into another showing a different price;
(d) removes the merchandise from the commercial establishment, or
(e) causes the cash register or any other instrument that registers sales to show a price lower than the marked sales price.
The court may also impose restitution.
Notwithstanding the provisions herein established, when the sales price of the item exceeds the amounts provided in § 4821 of this title, the person may be prosecuted for the crime of aggravated larceny.
History —June 18, 2004, No. 149, § 195, eff. May 1, 2005.