Sec. 16-31. Shoplifting.

(a) Whoever, without authority, with the intention of converting goods or merchandise to his own or another’s use without having paid the full purchase price thereof, or of defrauding the owner thereof out of the value of the goods or merchandise:

(1) Willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or

(2) Alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or

(3) Counsels, assists, aids or abets another in the performance of any of the above acts, when the value of the goods or merchandise involved in the offense is less than two hundred dollars ($200.00) shall be deemed guilty of petit larceny and, upon conviction thereof, shall be punished as provided by subsection (b) below. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise.

(b) Any person convicted for the first time of an offense under this section, when the value of the goods or merchandise involved in the offense is less than two hundred dollars ($200.00), shall be punished as for a Class 1 misdemeanor.

(c) Any person convicted of an offense under this section, when the value of the goods or merchandise involved in the offense is less than two hundred dollars ($200.00), and it is alleged in the warrant, indictment, or information on which such person is convicted, and admitted, or found by the jury or judge before whom such person is tried, that such person has been before convicted in the Commonwealth of Virginia or in another jurisdiction for any offense of larceny or any offense deemed or punishable as larceny, or of any substantially similar offense in any other jurisdiction, regardless of whether the prior convictions were misdemeanors, felonies or a combination thereof, shall be confined in jail not less than thirty (30) days nor more than twelve (12) months.

(d) A merchant, agent or employee of the merchant, who causes the arrest or detention of any person pursuant to the provisions of this section or section 16-30 shall not be held civilly liable for unlawful detention, if such detention does not exceed one (1) hour, slander, malicious prosecution, false imprisonment, false arrest or assault and battery of the person so arrested, whether such arrest or detention takes place on the premises or the merchant or after close pursuit from such premises such merchant, or the merchant's agent or employee; provided that, in causing the arrest or detention of such person, the merchant, agent or employee of the merchant, had, at the time of such arrest or detention, probable cause to believe that the person had shoplifted or committed willful concealment of goods or merchandise. The activation of an electronic article surveillance device as a result of a person exiting the premises or an area within the premises of a merchant where an electronic article surveillance device is located shall constitute probable cause for the detention of such person by such merchant, his agent or employee, provided such person is detained only in a reasonable manner and only for such time as is necessary for an inquiry into the circumstances surrounding the activation of the device, and provided that clear and visible notice is posted at each exit and location within the premises where such a device is located indicating the presence of an antishoplifting or inventory control device. For the purposes of this subsection, agents of the merchant shall include attendants at any parking lot owned or leased by the merchant, or generally used by customers of the merchant through any contract or agreement between the owner of the parking lot and the merchant.

(e) Any person who has been convicted of violating the provisions of this section shall be civilly liable to the owner for the retail value of any goods and merchandise illegally converted and not recovered by the owner, and for all costs incurred in prosecuting such persons. Such costs shall be limited to actual expenses, including the base wage of one employee acting as a witness for the County and suit costs. Provided, however, the total amount of allowable costs granted hereunder shall not exceed $250, excluding the retail value of the goods and merchandise.