Missouri Revised Statutes













Chapter 537

Torts and Actions for Damages

←537.123

Section 537.125.1

537.127→

August 28, 2015

Shoplifting--detention of suspect by merchant--liability presumption.

537.125. 1. As used in this section:



(1) "Mercantile establishment" means any mercantile place of business in,

at or from which goods, wares and merchandise are sold, offered for sale or

delivered from and sold at retail or wholesale;



(2) "Merchandise" means all goods, wares and merchandise offered for sale

or displayed by a merchant;



(3) "Merchant" means any corporation, partnership, association or person

who is engaged in the business of selling goods, wares and merchandise in a

mercantile establishment;



(4) "Wrongful taking" includes stealing of merchandise or money and any

other wrongful appropriation of merchandise or money.



2. Any merchant, his agent or employee, who has reasonable grounds or

probable cause to believe that a person has committed or is committing a

wrongful taking of merchandise or money from a mercantile establishment, may

detain such person in a reasonable manner and for a reasonable length of time

for the purpose of investigating whether there has been a wrongful taking of

such merchandise or money. Any such reasonable detention shall not constitute

an unlawful arrest or detention, nor shall it render the merchant, his agent

or employee, criminally or civilly liable to the person so detained.



3. Any person willfully concealing unpurchased merchandise of any

mercantile establishment, either on the premises or outside the premises of

such establishment, shall be presumed to have so concealed such merchandise

with the intention of committing a wrongful taking of such merchandise within

the meaning of subsection 1, and the finding of such unpurchased merchandise

concealed upon the person or among the belongings of such person shall be

evidence of reasonable grounds and probable cause for the detention in a

reasonable manner and for a reasonable length of time, of such person by a

merchant, his agent or employee, in order that recovery of such merchandise

may be effected, and any such reasonable detention shall not be deemed to be

unlawful, nor render such merchant, his agent or employee criminally or

civilly liable.



4. Any merchant, his agent or employee, who has reasonable grounds or

probable cause to believe that a person has committed a wrongful taking of

property, as defined in this section, and who has detained such person and

investigated such wrongful taking, may contact law enforcement officers and

instigate criminal proceedings against such person. Any such contact of law

enforcement authorities or instigation of a judicial proceeding shall not

constitute malicious prosecution, nor shall it render the merchant, his agent

or employee criminally or civilly liable to the person so detained or against

whom proceedings are instigated.



(L. 1961 p. 571 §§ 1, 2, 3, A.L. 1985 H.B. 225)







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