Shoplifting

V.S.A. tit. 13, ch. 57, subch. 4

in effect

13 V.S.A. § 2573 Definitions

2573. Definitions As used in this chapter: (1) “Retail value” means the merchant’s indicated price of the merchandise at the time of the theft. (2) “Merchandise” means any items of tangible personal property displayed, held, stored, or offered for sale. (3) “Merchant” means an owner or manager of any retail mercantile establishment, or any person or persons in a supervisory capacity or security officer authorized in writing by the owner or manager to make requests or detentions under this subchapter. (4) “Premises of a retail mercantile establishment” includes the retail mercantile establishment, any common use areas in shopping centers, and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of the retail mercantile establishment. (5) “Reasonable force” means only that minimum amount of force necessary to detain the person who the merchant has reasonable cause to believe has committed the offense of retail theft. (6) “Retail mercantile establishment” means any place where merchandise is displayed or offered for sale to the public, including storage areas on the premises of such an establishment. Added 1977, No. 227 (Adj. Sess.), § 1, eff. April 17, 1978; 1993, No. 165 (Adj. Sess.), § 2.

13 V.S.A. § 2574 Right of merchant to request merchandise to be kept in view

2574. Right of merchant to request merchandise to be kept in view A merchant has the right to request in a reasonable manner any person at his or her retail mercantile establishment to place and keep in full view any merchandise that the person has removed from its place of display, for any purpose. Notice of this request shall be conspicuously posted by the merchant in said retail mercantile establishment. Added 1977, No. 227 (Adj. Sess.), § 1, eff. April 17, 1978.

13 V.S.A. § 2575 Offense of retail theft

2575. Offense of retail theft A person commits the offense of retail theft when the person, with intent of depriving a merchant wrongfully of the lawful possession of merchandise, money, or credit: (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. Added 1977, No. 227 (Adj. Sess.), § 1; amended 2005, No. 157 (Adj. Sess.), § 1; 2023, No. 128 (Adj. Sess.), § 1, eff. July 1, 2024.

13 V.S.A. § 2576 Detention

2576. Detention (a) Any merchant who has reasonable cause to believe that a person has committed or attempted to commit retail theft may detain the person on or in the immediate vicinity of the premises of a retail mercantile establishment, affording the person the opportunity to be detained in a place out of public view if available, in a reasonable manner that may include the use of reasonable force and for a reasonable length of time for any of the following purposes: (1) to request and verify identification; (2) to make reasonable inquiry as to whether the person has in his or her possession unpurchased merchandise and, if unpurchased, to recover the merchandise; (3) to inform a law enforcement officer of the detention of the person and surrender that person to the custody of a law enforcement officer; and (4) in the case of a minor, to inform a law enforcement officer, and, if known or determined, the parent or parents, guardian, or other person having supervision of the minor of his or her detention and to surrender custody of the minor to the law enforcement officer, parent, guardian, or other person. (b) Any person detained under subdivision (a)(3) or (4) of this section shall, if a telephone is available, have the right to make one local telephone call of reasonable duration. The merchant shall advise the person detained of this right. Added 1977, No. 227 (Adj. Sess.), § 1, eff. April 17, 1978.

13 V.S.A. § 2577 Penalty

2577. Penalty (a) A person convicted of the offense of retail theft of merchandise having a retail value not in excess of $250.00 shall be punished by a fine of not more than $500.00 or imprisonment for not more than 30 days, or both. (b) A person convicted of the offense of retail theft of merchandise having a retail value in excess of $250.00 and not in excess of $900.00 shall: (1) for a first offense, be punished by a fine of not more than $500.00 or imprisonment for not more than six months, or both; (2) for a second offense, be punished by a fine of not more than $1,000.00 or imprisonment for not more than two years, if the second offense occurs not more than two years after the first offense; (3) for a third offense, be punished by a fine of not more than $1,500.00 or imprisonment for not more than three years, or both, if the third offense occurs not more than two years after the second offense; or (4) for a fourth or subsequent offense, be punished by a fine of not more than $2,500.00 or imprisonment for not more than 10 years, or both, if the fourth or subsequent offense occurs not more than two years after the immediately preceding offense. (c) A person convicted of the offense of retail theft of merchandise having a retail value in excess of $900.00 shall be punished by a fine of not more than $1,000.00 or imprisonment for not more than 10 years, or both. (d) Notwithstanding the provisions of subsections (a) and (b) of this section, a person convicted of retail theft pursuant to: (1) Subdivision 2575(4) of this title shall be imprisoned not more than two years or fined not more than $1,000.00, or both. (2) Subdivision 2575(5), (6), or (7) of this title shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both. Added 1977, No. 227 (Adj. Sess.), § 1, eff. April 17, 1978; amended 2005, No. 156 (Adj. Sess.), § 5; 2005, No. 157 (Adj. Sess.), § 2; 2023, No. 128 (Adj. Sess.), § 2, eff. July 1, 2024.

13 V.S.A. § 2578 Restitution

2578. Restitution (a) A sentencing court may order reasonable restitution where merchandise stolen is not recovered or is recovered in damaged condition. Damages shall be calculated based on retail value. (b) Restitution may be ordered in addition to any other penalties imposed. (c) Restitution shall be supervised by the Department of Corrections. Added 1977, No. 227 (Adj. Sess.), § 1, eff. April 17, 1978.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/13/057Fetched: 10/21/2026