708-833.5 Shoplifting. A person convicted of committing theft by means of shoplifting as defined in section 708-830 shall be sentenced to the following minimum fines:

(1) In cases involving a class C felony, the minimum fine shall be four times the value or aggregate value of the property involved;

(2) In cases involving a misdemeanor, the minimum fine shall be three times the value or aggregate value of the property involved;

(3) In cases involving a petty misdemeanor, the minimum fine shall be twice the value or aggregate value of the property involved;

(4) If a person has previously been convicted of committing theft by means of shoplifting as defined in section 708-830, the minimum fine shall be doubled that specified in paragraphs (1), (2), and (3), respectively, as set forth above; provided in the event the convicted person defaults in payment of any fine, and the default was not contumacious, the court may sentence the person to community services as authorized by section 706-605(1)(d). [L 1979, c 202, 2; am L 1982, c 233, 1; am L 1986, c 314, 67; am L 2016, c 231, 40]

 

Cross References

 

Civil liability for shoplifting, see 663A-2.

Unauthorized removal of shopping carts, see 633-16.

 

COMMENTARY ON 708-833.5

 

Act 202, Session Laws 1979, established this section to provide minimum mandatory fines for shoplifting offenses, but has retained the alternative of paying fines through court ordered public service work. The legislature believed the public service work alternative preferable to the establishment of a "debtor's prison". Conference Committee Report No. 72.

Act 233, Session Laws 1982, doubled the fines on persons who repeatedly shoplift.

Act 314, Session Laws 1986, increased the dollar amounts of the property involved in the offense of shoplifting. With the increase, the dollar amounts will more accurately reflect current property values and consequently the offense will warrant the level of culpability intended when it was originally drafted. Senate Standing Committee Report No. 820-86.

Act 231, Session Laws 2016, amended this section to implement recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015).

 

 

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