§ 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
In one sentenceLets a merchant sue a shoplifter or thieving employee for twice the unpaid retail value of stolen merchandise, with a $50 floor or up to $350 in liquidated damages if merchandise is recovered undamaged, plus attorney fees, without a prior conviction, though suit must wait for any pending criminal case on the same facts.
A.A merchant may recover a civil judgment against any adult or emancipated minor who shoplifts from that merchant for two times the unpaid retail value of the merchandise, but in no event an amount less than $50.
However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.
B.A merchant may recover a civil judgment against any person who commits employee theft for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.
C.The prevailing party in any action brought pursuant to this section shall be entitled to reasonable attorneys' fees and costs not to exceed $150.
D.A conviction of or a plea of guilty to a violation of any other statute is not a prerequisite to commencement of a civil action pursuant to this section or enforcement of a judgment. No action may be initiated under this section during the pendency of a criminal prosecution based on the same allegations of fact; however the initiation of any criminal action against the perpetrator for the alleged offense under § 18.2-95, 18.2-96, 18.2-102.1, or 18.2-103 or any other criminal offense defined under subsection F does not preclude a merchant from initiating or maintaining an action under this section once the prosecution has been concluded. A merchant may not recover more than the retail value of the merchandise, or more than the unpaid retail value of the merchandise if the merchandise is not recovered in a merchantable condition, for the same loss if both criminal and civil actions are initiated. However, nothing herein shall preclude a merchant from recovering damages in excess of the retail value of the merchandise, or the unpaid retail value of the merchandise if the merchandise is not recovered in a merchantable condition, if a criminal action is initiated. Nothing herein shall preclude a merchant from nonsuiting the civil action brought pursuant to this section and proceeding criminally under § 18.2-95, 18.2-96, 18.2-102.1, or 18.2-103 or any other criminal offense defined under subsection F.
E.Prior to the commencement of any action under this section, a merchant may demand, in writing, that an individual who may be civilly liable under this section make appropriate payment to the merchant in consideration for the merchant's agreement not to commence any legal action under this section.
"Employee theft" means the removal of any merchandise or cash from the premises of the merchant's establishment or the concealment of any merchandise or cash by a person employed by a merchant without the consent of the merchant and with the purpose or intent of appropriating the merchandise or cash to the employee's own or another's use without full payment.
"Shoplift" means any one or more of the following acts committed by a person without the consent of the merchant and with the purpose or intent of appropriating merchandise to that person's own or another's use without payment, obtaining merchandise at less than its stated sales price, or otherwise depriving a merchant of all or any part of the value or use of merchandise: (i) removing any merchandise from the premises of the merchant's establishment; (ii) concealing any merchandise; (iii) substituting, altering, removing, or disfiguring any label or price tag; (iv) transferring any merchandise from a container in which that merchandise is displayed or packaged to any other container; (v) disarming any alarm tag attached to any merchandise; or (vi) obtaining or attempting to obtain possession of any merchandise by charging that merchandise to another person without the authority of that person or by charging that merchandise to a fictitious person.
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.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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