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S.170

Introduced by Committee on Economic Development, Housing and General Affairs

Date:

Subject: Crimes and criminal procedure; counterfeit UPC labels and retail receipts; counterfeiting devices

Statement of purpose:  This bill proposes to criminalize the use of counterfeit UPC labels or retail receipts and the possession of a device that produces counterfeit UPC labels or retail receipts.

AN ACT RELATING TO RETAIL THEFT BY THE USE OF COUNTERFEIT UPC LABELS AND RETAIL RECEIPTS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  13 V.S.A. § 2575 is amended to read:

§ 2575.  OFFENSE OF RETAIL THEFT

A person commits the offense of retail theft when he the person, with intent of depriving the a merchant wrongfully of the lawful possession of his merchandise,:

(1)  takes and carries away or causes to be taken and carried away or aids and abets the carrying away of, any merchandise from a retail mercantile establishment without paying the retail value of the merchandise; or

(2)  alters, transfers, or removes or causes to be altered, transferred, or removed or aids and abets the alteration, transfer, or removal of any label, price tag, indicia of value, or any other markings affixed to any merchandise in a retail mercantile establishment and purchases the merchandise for less than its retail value; or

(3)  transfers or causes to be transferred or aids and abets in the transfer of any merchandise in a retail mercantile establishment from one container or location to another container or location and purchases the merchandise for less than its retail value; or

(4)  alters, transfers, counterfeits, or reproduces a retail sales receipt or a Universal Product Code (UPC) label or possesses an altered, counterfeit, or reproduced retail sales receipt or UPC label; or

(5)  possesses 15 or more altered, counterfeit, or reproduced retail sales receipts or UPC labels or possesses a device that is designed to alter, counterfeit, or reproduce retail sales receipts or UPC labels; or

(6)  manufactures, sells, offers for sale, distributes, or knowingly possesses a laminated or coated bag intended to shield merchandise from detection by an electronic or magnetic theft detector; or

(7)  manufactures, sells, offers for sale, distributes, or knowingly possesses any tool or device designed to allow or capable of allowing the deactivation or removal from any merchandise of any theft detection device without the permission of the merchant or the person owning or lawfully holding the merchandise.

Sec. 2.  13 V.S.A. § 2577(d) is added to read:

§ 2577.  PENALTY

(a)  A person convicted of the offense of retail theft of merchandise having a retail value not in excess of $100.00 shall be punished by a fine of not more than $300.00 or imprisonment for not more than six months, or both.

(b)  Upon the second or subsequent conviction of the offense of retail theft of merchandise having a retail value not in excess of $100.00, a person shall be punished by a fine of not more than $500.00 or imprisonment for not more than two years, or both.

(c)  A person convicted of the offense of retail theft of merchandise having a retail value in excess of $100.00 shall be punished by a fine of not more than $500.00 or imprisonment for not more than ten years, or both.

(d)  Notwithstanding the provisions of subsections (a) through (c) of this section, a person convicted of retail theft pursuant to:

(1)  Subdivision 2572(4) of this title shall be imprisoned not more than two years or fined not more than $500.00, or both.

(2)  Subdivisions 2572(5), (6), or (7) of this title shall be imprisoned for not more than ten years or fined not more than $500.00, or both.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us