(1) As used in this section, unless the context otherwise requires:
"Emancipated minor" means an individual under the age of eighteen years whoseparents or guardian have surrendered parental responsibilities or custody, the right to the care, and earnings of such individual and are no longer under a duty to support or maintain such individual.
"Mercantile establishment" means any place where merchandise is displayed, held,or offered for sale either at retail or at wholesale.
"Merchandise" means all things movable and capable of manual delivery and offeredfor sale either at retail or wholesale.
An adult or an emancipated minor who takes possession of any merchandise fromany mercantile establishment without the consent of the owner, without paying the purchase price, and with the intention of converting such merchandise to his own use or who alters the price indicia of any merchandise shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of not less than one hundred dollars nor more than two hundred fifty dollars.
The parents or guardian having custody of or parental responsibilities with respect toan unemancipated minor who takes possession of any merchandise from any mercantile establishment without the consent of the owner, without paying the purchase price, and with the intention of converting such merchandise to his own use or who alters the price indicia of any merchandise shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of not less than one hundred dollars nor more than two hundred fifty dollars.
Notwithstanding the provisions of subsections (2) and (3) of this section, any personwho, without the consent of the owner, takes possession of a shopping cart from any mercantile establishment with the intent to convert such shopping cart to his own use or the use of another shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of one hundred dollars.
A conviction for theft pursuant to part 4 of article 4 of title 18, C.R.S., shall not be acondition precedent to maintaining a civil action pursuant to the provisions of this section.
Civil liability pursuant to the provisions of this section shall not be subject to thelimitations on liability in section 13-21-107 or any other law that limits the liability of parents of an unemancipated minor for damages caused by such unemancipated minor.
Source: L. 85: Entire section added, p. 573, § 1, effective July 1. L. 98: (1)(a) and (3) amended, p. 1393, § 27, effective February 1, 1999.