New Hampshire Shoplifting Laws

644:17 Willful Concealment and Shoplifting.

I. A person is guilty of willful concealment if, without authority, he willfully conceals the goods or merchandise of any store while still upon the premises of such store. Goods or merchandise found concealed upon the person shall be prima facie evidence of willful concealment.

II. A person is guilty of shoplifting if, with the purpose of depriving a merchant of goods or merchandise, he knowingly:

(a) Removes goods or merchandise from the premises of a merchant; or

(b) Alters, transfers, or removes any price marking affixed to goods or merchandise; or

(c) Causes the cash register or other sales recording device to reflect less than the merchant's stated or advertised price for the goods or merchandise; or

(d) Transfers goods or merchandise from the container in which such goods or merchandise were intended to be sold to another container.

III. As used in this section:

(a) "Merchant'' means the owner or operator of any place of business where merchandise is displayed, held, or stored, for sale to the public, or any agent or employee of such owner or operator.

(b) "Purpose to deprive'' means to have the conscious object to appropriate the goods or merchandise of a merchant without paying the merchant's stated or advertised price.

IV. Willful concealment shall be a misdemeanor. The penalty for shoplifting shall depend on the value of the property, as provided in RSA 637:11. As used in this section, "value'' shall be determined in accordance with RSA 637:2, V.

544-C:1 Recovery of Civil Damages for Shoplifting.

I. For purposes of this chapter, "shoplifting'' shall mean shoplifting or willful concealment as defined in RSA 644:17.

II. A person who shoplifts shall be liable for civil damages to the merchant in the amount of $200 plus the merchandise or the value of the merchandise if it has been damaged or rendered unrecoverable.

III. A merchant may recover civil damages for shoplifting by bringing suit in a district court or by executing a settlement agreement in the form set out in paragraph IV of this section.

IV. A merchant and a person accused of shoplifting by such merchant may agree to execute a civil settlement agreement for $200 in civil damages, plus the return of the merchandise or the replacement value of the merchandise within 60 days of the date the agreement is signed. The form of the settlement agreement shall be as follows:

Settlement of Claim for Taking Merchandise Without Payment

The undersigned, __________, having failed to pay for certain merchandise, more specifically described as follows __________, hereby agrees to pay, within 60 days of the date this agreement is signed, civil damages in the amount of $200, plus the merchandise or the replacement value of the merchandise. The parties agree that this payment shall constitute full and complete payment of damages to the following establishment __________. The following establishment __________ agrees to waive any and all claims it may have for civil damages.

Nothing in this agreement shall constitute an admission of guilt for purposes of criminal law. If this agreement is signed and payment is made in full within 60 days, no police report or criminal complaint will be filed by the merchant relative to this incident. However, nothing in this agreement can or will bar the state of New Hampshire from instituting such criminal prosecutions as it deems necessary.

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These pages on Shoplifting and the Law are provided for informational purposes only and are not intended to be legal advice. NASP does not provide legal advice. If you have been accused of shoplifting, click here to find an experienced criminal attorney.