Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 481-H.F.No. 1923 
           An act relating to civil actions; imposing civil 
          liability for the theft of property; proposing coding 
          for new law in Minnesota Statutes, chapter 332. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [332.51] [CIVIL LIABILITY FOR THEFT.] 
    Subdivision 1.  [LIABILITY FOR THEFT OF PROPERTY.] A person 
who steals personal property from another is civilly liable to 
the owner of the property for its value when stolen plus 
punitive damages of either $50 or up to 100 percent of its value 
when stolen, whichever is greater.  If the property is 
merchandise stolen from a retail store, its value is the retail 
price of the merchandise in the store when the theft occurred. 
    Subd. 2.  [NOTICE.] In order to recover under subdivision 1 
for the theft of a shopping cart, a store must have posted at 
the time of the theft a conspicuous notice describing the 
liability under subdivision 1. 
    Subd. 3.  [LIABILITY OF PARENT OR GUARDIAN.] The provisions 
of section 540.18 apply to this section. 
    Subd. 4.  [CRIMINAL ACTION.] The filing of a criminal 
complaint, conviction, or guilty plea is not a prerequisite to 
liability under this section.  Payment or nonpayment may not be 
used as evidence in a criminal action. 
    Subd. 5.  [RECOVERY OF PROPERTY.] The recovery of stolen 
property by a person does not affect liability under this 
section, other than liability for the value of the property. 
    Subd. 6.  [RIGHT TO DEMAND PAYMENT.] A person may make a 
written demand for payment for the liability imposed by this 
section before beginning an action, including a copy of this 
section and a description of the liability contained in this 
section. 
    Approved April 12, 1988