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USA Statutes : maine
Title : Title 14. COURT PROCEDURE -- CIVIL
Chapter : Chapter 749. CIVIL RECOVERY FOR RETAIL THEFT (HEADING. PL 1995, c. 288, @4 (new))
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Title 14 - §8301. Short title
Title 14: COURT PROCEDURE -- CIVIL
Part 7: PARTICULAR PROCEEDINGS
Chapter 749: CIVIL RECOVERY FOR RETAIL THEFT (HEADING: PL 1995, c. 288, @4 (new))
§8301. Short title
This chapter may be known and cited as the "Maine Civil Recovery for Retail Theft Act."
[1995, c. 288, §4 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §8302. Civil recovery
Title 14: COURT PROCEDURE -- CIVIL
Part 7: PARTICULAR PROCEEDINGS
Chapter 749: CIVIL RECOVERY FOR RETAIL THEFT (HEADING: PL 1995, c. 288, @4 (new))
§8302. Civil recovery
1. Liability. Any person who unlawfully takes or attempts to take merchandise from a merchant is liable to the merchant in accordance
with provisions of this chapter.
[1995, c. 288, §4 (new).]
2. No limitation. The provisions of this chapter may not be construed to prohibit or limit any other cause of action that a merchant may have
against a person who unlawfully takes merchandise from the merchant.
[1995, c. 288, §4 (new).]
3. Civil recovery. Any person who unlawfully takes or attempts to take merchandise from a merchant is civilly liable to the merchant in an
amount consisting of:
A. Damages equal to the retail price of the merchandise if the item is not returned in a merchantable condition; and
[1995, c. 288, §4 (new).]
B. A civil penalty equal to 3 times the retail price of the merchandise, but not less than $50 or more than $500.
[1995, c. 288, §4 (new).]
[1995, c. 288, §4 (new).]
4. Written demand. The fact that an action may be brought against an individual as provided in this chapter does not limit the right of a merchant
to make a written demand that a person who is liable for damages and penalties under this chapter remit the damages and penalties
prior to the commencement of any legal action.
A. If a person to whom demand is made complies with the demand, that person incurs no further civil liability for that specific
act of retail theft.
[1995, c. 288, §4 (new).]
B. Any demand under this section must be accompanied by a copy of this chapter.
[1995, c. 288, §4 (new).]
[1995, c. 288, §4 (new).]
5. Criminal prosecution. A criminal prosecution under Title 17-A, chapter 15 is not a prerequisite to an action under this chapter and such a criminal
prosecution does not bar civil action. An action under this chapter does not bar a criminal prosecution under Title 17-A,
chapter 15.
[1995, c. 288, §4 (new).]
6. Failure to prosecute. If a merchant files suit to recover damages and penalties pursuant to this chapter, and the merchant fails to appear at
a hearing in such proceedings without excuse from the court, the court shall dismiss the suit without prejudice and award
costs to the defendant.
[1995, c. 288, §4 (new).]
7. Fraudulent prosecution. Any person who knowingly uses provisions of this chapter to demand or extract money from a person who is not legally obligated
to pay a penalty may be punished by a fine of not more than $1,000 or by imprisonment for not more than one year or by both.
[1995, c. 288, §4 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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