Statutes | Navajo Nation Code Title 17 ยง 334 | 2018

A. Offense.  A person commits shoplifting if he or she obtains the goods of another while in a mercantile establishment in which merchandise is displayed for sale by:
 
  1. Willfully taking possession of any merchandise with the intention of converting it without paying for it;
 
  2. Willfully concealing any merchandise with the intention of converting it without paying for it;
 
  3. Willfully altering any label, price, tag or marking any merchandise with the intention of depriving the merchant of all or some part of the value of it;
 
  4. Willfully transferring any merchandise from the container in or on which it is displayed to any other container with the intention of depriving the merchant of all or some part of the value of it.
 
 B. Detention to effect recovery.  A merchant, or his or her agent or employee, upon probable cause, may detain on the premises in a reasonable manner and for a reasonable time any person suspected of shoplifting as defined in Subsection (A) of this Section for questioning or summoning a law enforcement officer.  In no event shall such detention exceed one (1) hour.  Such detention shall not subject the merchant or his or her agent or employee to criminal or civil liability.
 
 C. Sentence.
 
  1. The trial court shall review all charges to ascertain whether there is a personal victim of the offense(s) and whether restitution or nályééh shall be paid to the victim(s).
 
  2. The trial court may utilize the services of the Navajo Peacemaker Court to determine nályééh and make a sentencing recommendation regarding that sentence, and the trial court may require the defendant to pay the fee of the peacemaker.
 
  3. The trial court may consider the imposition of a peace or security bond upon the defendant, including the pledges of family or clan sureties.
 
  4. Upon the imposition of a bond or security pledges, the district Office of Probation and Parole shall counsel the sureties of the consequences of breach of the bond or pledge.
 
  5. The trial court shall consider the utility of labor or community service sentences, under the supervision of the Navajo Nation Department of Public Safety or a public or private organization, including the chapter in which the defendant resides.
 
 History
 
CJA–08–00, January 27, 2000.  Generally amended the Navajo Nation Criminal Code.
 
CN–71–77, November 10, 1977.