1-1-127. Civil liability for shoplifting.
(a) A person over ten (10) years of age who violates W.S. 6-3-402 with regard to property offered for sale by a wholesale or retail store is civilly liable to the merchant of the property in an amount consisting of:
(i) Return of the property in original condition or actual damages equal to the full marked or listed price of the property; plus
(ii) A civil liability of twice the amount of the full marked or listed price of the property but not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00); plus
(iii) Reasonable attorney's fees and court costs.
(b) If an unemancipated minor violates W.S. 6-3-402 with regard to property offered for sale by a wholesale or retail store, the parents or guardian of the child shall be civilly liable as provided by subsection (a) of this section, provided liability under this subsection shall not apply to foster parents, to parents whose parental custody and control of the child have been terminated by court order prior to the violation or to any governmental or private agency that has been appointed guardian for the minor child pursuant to court order or action of the department of family services. Civil liability under this subsection is not subject to the limitation on liability provided by W.S. 14-2-203 or any other law that limits the liability of parents for damages caused by an unemancipated minor.
(c) A conviction or a plea of guilty to a violation of W.S. 6-3-402 with regard to property offered for sale by a wholesale or retail store is not a prerequisite to the bringing of a civil suit under this section.
(d) An action to recover damages and any civil liability under this section may be brought in small claims court if the total amount of the demand for damages and any civil liability does not exceed the jurisdiction of that court, or in any other appropriate court.
(e) In order to recover damages and any civil liability under this act, the merchant of the property shall also notify law enforcement officials.
Structure Wyoming Statutes
Title 1 - Code of Civil Procedure
Chapter 1 - General Provisions as to Civil Actions
Section 1-1-101 - Provisions to Be Liberally Construed.
Section 1-1-102 - Minors as Parties to Actions.
Section 1-1-103 - Power of Deputies.
Section 1-1-104 - Sureties; Justification.
Section 1-1-105 - Sureties; Qualifications.
Section 1-1-106 - Compensation of Cross Demands.
Section 1-1-107 - Furnishing of Transcripts.
Section 1-1-108 - Voluntary Partial Payment of Liability Claims.
Section 1-1-109 - Comparative Fault.
Section 1-1-114 - Pleading of Damages.
Section 1-1-115 - Civil Liability for Unpaid Checks.
Section 1-1-116 - Civil Liability for Theft of Services.
Section 1-1-117 - Affidavits of Noninvolvement.
Section 1-1-118 - Amateur Rodeos; Liability for Injuries; Consent to Participate.
Section 1-1-119 - Release or Covenant Not to Sue.
Section 1-1-120 - Persons Rendering Emergency Assistance Exempt From Civil Liability.
Section 1-1-121 - Recreation Safety Act; Short Title.
Section 1-1-122 - Definitions.
Section 1-1-123 - Assumption of Risk.
Section 1-1-123.1 - Ski Safety Act; Short Title.
Section 1-1-123.2 - Definitions.
Section 1-1-123.4 - Assumption of Risks; Limitations on Actions.
Section 1-1-123.5 - Negligence; Civil Actions.
Section 1-1-124 - Pretrial Screening.
Section 1-1-125 - Immunity for Volunteers; Volunteer Firefighters; Search and Rescue.
Section 1-1-126 - Civil Liability for Stalking.
Section 1-1-127 - Civil Liability for Shoplifting.
Section 1-1-128 - Civil Liability for Theft of Identity.
Section 1-1-130 - Actions Against Health Care Providers; Admissibility of Evidence.
Section 1-1-131 - Short Title.
Section 1-1-132 - Definitions.
Section 1-1-133 - Applicability.
Section 1-1-134 - Limitations on Successor Asbestos-Related Liabilities.
Section 1-1-135 - Establishing Fair Market Value of Total Assets.
Section 1-1-137 - Scope of Act.
Section 1-1-139 - Civil Liability for Female Genital Mutilation.
Section 1-1-141 - Covid-19 Exposure and Illness; Assumption of the Risk.