§ 8.01-44.4.Action for shoplifting and employee theft.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 2012 · Last verified July 16, 2026
Full Text of § 8.01-44.4
Plain-English Summary
Subsections A and B set out parallel civil recovery formulas for shoplifting and employee theft: a merchant may recover a civil judgment against an adult or emancipated minor who shoplifts, or against a person who commits employee theft, for twice the unpaid retail value of the merchandise, with a $50 floor. Where the merchant recovers the merchandise in merchantable condition, the merchant is instead entitled to liquidated damages of no more than $350. Subsection C caps the prevailing party’s recoverable attorney fees and costs at $150.
Subsection D addresses the relationship to criminal prosecution. Neither a conviction nor a guilty plea is a prerequisite to bringing this civil action or enforcing a judgment under it. No civil action may be initiated while a criminal prosecution based on the same facts is pending, but a criminal prosecution for the alleged offense does not preclude the merchant from initiating or maintaining this civil action once that prosecution concludes. When both a criminal case and this civil action are pursued over the same loss, the merchant’s recovery for that loss is generally limited to the merchandise’s retail, or unpaid retail, value; the section separately confirms that having pursued criminal charges does not by itself bar the merchant from recovering damages beyond retail value under this civil action. A merchant may also nonsuit the civil action and proceed criminally instead.
Subsection E lets a merchant, before suing, demand in writing that a potentially liable individual make an appropriate payment in exchange for the merchant’s agreement not to sue. Subsection F defines “employee theft” as removing or concealing merchandise or cash from the merchant’s premises without consent and with intent to appropriate it, and defines “shoplift” to include removing, concealing, or altering tags on merchandise, switching containers, disarming an alarm tag, or fraudulently charging merchandise to another person, all without the merchant’s consent and with intent to avoid full payment.
Frequently Asked Questions
How much can a merchant recover from a shoplifter under this section?
Twice the unpaid retail value of the merchandise, with a $50 floor, or, if the merchant recovers the merchandise in merchantable condition, liquidated damages of no more than $350.
Does the merchant need a criminal conviction before suing civilly?
No. A conviction of, or guilty plea to, a violation of any other statute is not a prerequisite to bringing this civil action or to enforcing a judgment under it.
Can a merchant pursue both a criminal case and this civil action for the same theft?
Not at the same time on the civil side — no civil action may be initiated while a related criminal prosecution is pending — but the merchant can initiate or continue the civil action once that prosecution concludes, though recovery for the same loss is generally limited to the merchandise’s retail value when both tracks proceed.
What is the pre-suit demand letter option under this section?
Before commencing an action, a merchant may demand in writing that an individual who may be civilly liable make appropriate payment in exchange for the merchant’s agreement not to bring a legal action under this section.
What acts count as “shoplifting” or “employee theft” under this section?
“Shoplift” covers acts such as removing merchandise from the premises, concealing it, altering price tags, switching containers, disarming an alarm tag, or fraudulently charging merchandise to another person. “Employee theft” covers an employee removing or concealing merchandise or cash without the merchant’s consent and with intent to appropriate it.
Amendment History
1992, c. 721; 2005, cc. 142, 234; 2012, c. 526.