911.) A merchant, or employee or agent thereof, may detain a person for a reasonable time for the purpose of conducting an investigation into M(C) 304. Petty Theft or F(B) 303. Grand Theft whenever the merchant, or employee or agent thereof, has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant’s premises.
912.) In the process of detention pursuant to shopkeeper’s privilege, a merchant, or person or agent employed thereof may use a reasonable amount of nondeadly force necessary to protect themselves and to prevent escape of the person to be detained or the loss of tangible or intangible property or merchandise.
913.) A merchant, person or agent employed thereby, having probable cause to believe that the person to be detained or detained person was attempting to or has attempted to unlawfully take merchandise from the premises, may request the detained person to voluntarily surrender the merchandise. If the detained person refuses, a merchant, or employee or agent employed thereby may perform a limited and reasonable search in order to recover the unlawfully taken merchandise. Only packages, shopping bags, handbags, or other property in the immediate possession of the detained person—not including any clothing worn by the detained person—may be searched pursuant to this section.
914.) A theater owner, or employee or agent thereof, may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the theater owner has probable cause to believe the person to be detained is attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater.
915.) A person employed by a library facility may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the person employed by a library facility has probable cause to believe the person to be detained is attempting to unlawfully remove or has unlawfully removed books or library materials from the premises of the library facility.
916.) A merchant, or employee or agent thereof, shall notify a peace officer as soon as reasonably possible without delay.
917.) The following definitions are applicable for provisions 911 through 916 under this section.
Shopkeeper’s Privilege refers to the provisions of 911 through 916 under this section.
Merchant refers to an owner or operator, and the consignee, employee, lessee, or officer of an owner or operator, of any premises used for the retail purchase or sale of any personal property capable of manual delivery.
Merchandise refers to any personal property, capable of manual delivery, displayed, held or offered for retail sale by a merchant.
Agent refers to any security company or agency contracted by the merchant to protect the premises and/or the merchandise thereof and is authorized to effect the provisions of shopkeeper’s privilege.
Employee refers to any person hired or contracted by the merchant or authorized person/body of the merchant to perform a service especially for wages or salary.
Theater Owner refers to an owner or operator, and the employee, consignee, lessee, or officer of an owner or operator, of any premises used for the exhibition or performance of motion pictures to the general public.
Books or other library materials includes any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual material in any format, magnetic or other tape, electronic data-processing record, artifact, or other documentary, written or printed. material regardless of physical form or characteristics, or any part thereof, belonging to, on loan to, or otherwise in the custody of a library facility.
Library facility includes any public library; any library of an educational, historical or eleemosynary institution, organization or society; any museum; any repository of public records.
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