§ 28-187. Unlawful distribution, possession, or use of theft alarm deactivation devices.

(a)

For the purposes of this section, the term "a theft alarm deactivation device" means any device which is designated or intended to remove or deactivate any electronic or magnetic device which is placed on or attached to merchandise and which is intended to cause an alarm to be activated if the merchandise is moved from an authorized to an unauthorized area without either payment for the merchandise having been made or permission having been obtained from the owner of the merchandise for the movement.

(b)

As used in this section, the meaning of the term "owner" shall include an agent or employee of the owner authorized by the owner.

(c)

The term "unlawful distribution of theft alarm deactivation devices" means the sale, offer for sale, exchange, offer for exchange, donation, or offer for donation of any theft alarm deactivation device with the knowledge or intention that the device will be used to remove or deactivate any theft alarm device for the purpose of moving merchandise from an authorized area to an unauthorized area without either paying for the merchandise or obtaining the permission of the owner of the merchandise.

(d)

The term "unlawful possession of theft alarm deactivation devices" means the possession of any theft alarm deactivation device with the knowledge or intention that the device will be used to remove or deactivate any theft alarm device for the purpose of moving merchandise from an authorized area to an unauthorized area without either paying for the merchandise or obtaining the permission of the owner of the merchandise.

(e)

The term "unlawful use of theft alarm deactivation devices" means the use of any theft alarm deactivation device to remove or deactivate any theft alarm device for the purpose of moving merchandise from an authorized area to an unauthorized area without either paying for the merchandise or obtaining the permission of the owner of the merchandise.

(Code 2004, § 14.70.6)