ND HB1260

Adults who commit theft from a merchant are civilly liable to the merchant for the retail value of merchandise, plus exemplary damages of not more than $250, costs of the civil action, and reasonable attorney's fees.

Parents or legal guardians of unemancipated minors who commit theft from a merchant are civilly liable for the same damages if the minor was living with them at the time.

Merchants cannot request that individuals believed to be minors sign admissions of theft unless the minor's parent, guardian, or attorney is present; violations render such admissions invalid and inadmissible in civil or criminal actions.

A conviction or guilty plea for theft is not required to bring a civil action, but merchants must wait until completion of any criminal action before pursuing civil damages.

Parents or legal guardians are not liable if the court determines that a principal rationale for the shoplifting was the minor's desire to cause the parent or guardian to incur liability.