(1) Terms defined in Sections 76-1-101.5 and 76-6-601 apply to this section. (2) An actor commits the unlawful shielding of a theft detection device if the actor knowingly: (a) makes or possesses any container or device used for, intended for use for, or represented as having the purpose of shielding merchandise from any electronic or magnetic theft alarm sensor, with the intent to commit a theft of merchandise; (b) sells, offers to sell, advertises, gives, transports, or otherwise transfers to another any container or device intended for use for or represented as having the purpose of shielding merchandise from any electronic or magnetic theft alarm sensor; (c) possesses any tool or instrument designed to remove any theft detection device from any merchandise, with the intent to use the tool or instrument to remove any theft detection device from any merchandise without the permission of the merchant or the person owning or in possession of the merchandise; or (d) intentionally removes a theft detection device from merchandise prior to purchase and without the permission of the merchant. (3) (a) A violation of Subsection (2)(a) , (b) , or (c) is a class A misdemeanor. (b) A violation of Subsection (2)(d) is a: (i) class B misdemeanor if the retail value of the merchandise from which the theft detection device is removed is less than $500; or (ii) class A misdemeanor if the retail value of the merchandise from which the theft detection device is removed is or exceeds $500. (4) A violation of Subsection (2) is a separate offense from any offense listed in Part 4, Theft , or Part 6, Retail Theft . (5) Criminal prosecutions under this section do not affect any person's right of civil action for redress for damages suffered as a result of any violation of this section.
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