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Center for Media and Democracy Alec Model Legislation Unlawful Use of Theft Detection Shielding or Deactivation Devices Act

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MODEL LEGISLATION

Did you know the
NRA--the
National Rifle
Unlawful Use of Theft Detection Shielding or Deactivation Association--was
Devices Act
the corporate cochair in 2011?
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Model Legislation

Public Safety and Elections

Summary

This Act penalizes the distribution or possession of a detection shielding device, or any
tool or device designed to remove a theft detection device from merchandise prior to
purchase, for the intent to commit (or aid or abet) theft. A person who activates an antishoplifting device may be lawfully detained in a reasonable manner for a reasonable
period of time.

Model Legislation

A. A person is guilty of unlawful distribution of a theft detection shielding device when he
knowingly manufactures, sells, offers for sale or distributes in any way laminated or
coated bag intended to shield merchandise from detection by an electronic or magnetic
theft detector.

B. A person is guilty of unlawful possession of a theft detection shielding device when he
knowingly possesses any laminated or coated bag or device intended to shield
merchandise from detection by an electronic or magnetic theft detector, with the intent
to commit (or aid or abet) theft.

ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

C. A person is guilty of unlawful possession of a theft detection device deactivator or
remover when he 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, with the intent to use such tool or device to deactivate any theft detection device
on, or to remove any theft detection device from, any merchandise without the
permission of the merchant or person owning or lawfully holding said merchandise.

D. A person is guilty of unlawful distribution of a theft detection device deactivator or
remover when he knowingly manufacturers, sells, offers for sale or distributes in any way
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 person owning or lawfully holding said merchandise.

E. A person is guilty of unlawful deactivation or removal of a theft detection device when
he intentionally deactivates in a retail establishment a theft detection device on, or
removes a theft detection device from, merchandise prior to purchase.

F. Any person convicted for violating the provisions of Subsections (A), (B), (C), (D) or (E)
of this Section is guilty of a [state level of crime].

G. The activation of an anti-shoplifting or inventory control device as a result of a person
exiting the establishment or a protected security device within the area within the
establishment shall constitute reasonable cause for the detention of the person so exiting
by the owner or operator of the establishment or by an agent or employee of the owner
or operator, provided notice has been posted to advise the patrons that the

establishment utilizes anti-shoplifting or inventory control devices. Each such detention
shall be made only in a reasonable manner and only for a reasonable period of time
sufficient for any inquiry into the circumstances surrounding the activation of the device
or for the recovery of goods.

H. Such taking into custody and detention by a law enforcement officer, security officer,
merchant, merchant's employee or agent, if done in compliance with all the requirements
of the foregoing subsection, shall not render such law enforcement officer, security
officer, merchant, merchant's employee or agent, criminally or civilly liable, including any
liability for false arrest, false imprisonment, unlawful detention, malicious prosecution,
intentional infliction of emotional distress or defamation.

Adopted by ALEC's Criminal Justice Task Force at the Annual Meeting July 27, 2000.
Approved by full ALEC Board of Directors August, 2000.

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Center for Media
and Democracy's
quick analysis
This is part of a set of bills, favored by corporations, designed to increase criminal penalties for retail theft. This bill criminalizes the
possession of theft detection shielding devices. This bill would benefit large retailers such as Wal-Mart, which sits on the ALEC
Private Sector board.