(a) the retail price of the merchandise if not recovered in
merchantable condition up to an amount not to exceed fifteen hundred
dollars; plus
(b) a penalty not to exceed the greater of five times the retail price
of the merchandise or seventy-five dollars; provided, however, that in
no event shall such penalty exceed five hundred dollars.
6. Parents or legal guardians of an unemancipated minor shall be
civilly liable for said minor who commits larceny against the property
of a mercantile establishment to the operator of such establishment in
an amount consisting of:
(a) the retail price of the merchandise if not recovered in
merchantable condition up to an amount not to exceed fifteen hundred
dollars; plus
(b) a penalty not to exceed the greater of five times the retail price
of the merchandise or seventy-five dollars; provided, however, that in
no event shall such penalty exceed five hundred dollars.
7. A conviction or a plea of guilty for committing larceny is not a
prerequisite to the bringing of a civil suit, obtaining a judgment, or
collecting that judgment under this section.
8. The fact that an operator of a mercantile establishment may bring
an action against an individual as provided in this section shall not
limit the right of such merchant to demand, orally or in writing, that a
person who is liable for damages and penalties under this section remit
the damages and penalties prior to the commencement of any legal action.
9. In any action brought under subdivision six of this section, the
court shall consider in the interest of justice mitigating circumstances
that bear directly upon the actions of the parent or legal guardian in
supervising the unemancipated minor who committed the larceny.
10. An action for recovery of damages and penalties under this section
may be brought in any court of competent jurisdiction.
11. The provisions of this section shall not be construed to prohibit
or limit any other cause of action which an operator of a mercantile
establishment may have against a person who unlawfully takes merchandise
from the mercantile establishment.
12. Any testimony or statements of the defendant or unemancipated
minor child of the defendant or any evidence derived from an attempt to
reach a civil settlement or from a civil proceeding brought under this
section shall be inadmissible in any other court proceeding relating to
such larceny.
Structure New York Laws
Article 11 - Obligations to Make Compensation or Restitution
11-101 - Compensation for Injury Caused by the Illegal Sale of Intoxicating Liquor.
11-103 - Compensation for Injury Caused by the Illegal Sale of Controlled Substances.
11-104 - Additional Liability of Drawer.
11-105 - Larceny in Mercantile Establishments.
11-106 - Compensation for Injury or Death to Police Officers and Firefighters or Their Estates.
11-107 - Compensation for Harm to a Guide, Hearing or Service Dog.