CHAPTER 222

FORMERLY

HOUSE BILL NO. 301

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES FOR SHOPLIFTING AND POSSESSION OF TOOLS FOR SHOPLIFTING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 840, Chapter 5, Subchapter III, Title 11 of the Delaware Code, by striking the second paragraph of subsection (d) of § 840, and substituting in lieu thereof the following:

“Shoplifting is a Class G felony when the goods, wares, or merchandise shoplifted are of the value of $1,000 or more, or when the goods, wares, or merchandise shoplifted are from three or more separate mercantile establishments and were shoplifted in the same or continuing course of conduct and the aggregate value of the goods is $1,000.00 or more. When the goods, wares, or merchandise shoplifted are of the value of less than $1,000 then it is a Class A misdemeanor.”

Section 2. Amend Subpart (D), Subchapter III, Chapter 5, Title 11 of the Delaware Code by adding thereto a new section designated as § 860, which new section shall read as follows:

Ҥ 860. Possession of Shoplifters Tools or Instruments Facilitating Theft; Class F Felony.

(a) A person is guilty of possession of shoplifters tools or instruments facilitating theft when the person possesses any tool, instrument, or other thing adapted, designed, or commonly used for committing or facilitating:

(1) Offenses involving shoplifting;

(2) Offenses involving the overriding, disabling, or evading of a security device without authorization.

(3) Offenses involving shoplifting under circumstances evincing an attempt to use or knowledge that some other person intends to use the same in the commission of an offense of such character.

(b) “Security device” includes any lock, whether mechanical or electronic, or any warning device designed to alert a person or the general public of a possible attempt to shoplift any goods, wares, or merchandise which are displayed for sale. “Security device” specifically includes and is not limited to any electronic or other device which is attached or affixed to any goods, wares, or merchandise on display for sale in a mercantile establishment.

(c) A person possesses shoplifting tools or instruments facilitating theft “under circumstances evincing an attempt to use or knowledge that some other person intends to use such” when the person possesses the tools or instruments at a time and a place proximate to the commission or attempt to commit a shoplifting offense or otherwise under circumstances not manifestly appropriate for what lawful uses the tools or instruments may have.

(d) Possession or shoplifters tools or instruments facilitating theft is a Class F felony.”

Approved July 23,1999