Theft of Property — Conduct Involving Merchandise

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  1. For purposes of § 39-14-103, a person commits theft of property if the person, with the intent to deprive a merchant of the stated price of merchandise, knowingly commits any of the following acts:
    1. Conceals the merchandise;
    2. Removes, takes possession of, or causes the removal of merchandise;
    3. Alters, transfers or removes any price marking, or any other marking which aids in determining value affixed to the merchandise;
    4. Transfers the merchandise from one (1) container to another;
    5. Causes the cash register or other sales recording device to reflect less than the merchant's stated price for the merchandise;
    6. Removes, destroys, deactivates, or evades any component of an anti-shoplifting or inventory control device to commit or facilitate a theft;
    7. Uses any artifice, instrument, container, device, or other article to commit or facilitate a theft; or
    8. Activates or interferes with a fire alarm system to commit or facilitate a theft.
  2. In a theft prosecution under this section, unless applicable, the state is not required to prove that the defendant obtained or exercised control over the merchandise as required in a prosecution under § 39-14-103.
  3. Notwithstanding any other law, a fifth or subsequent conviction in a two-year period shall be punished one (1) classification higher than provided by § 39-14-105, and subject to a fine of not less than three hundred dollars ($300) nor more than the maximum fine established for the appropriate offense classification.


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