Guam § 43 - Unlawful Use of Theft Detection Shielding or

§ 43. Unlawful Use of Theft Detection Shielding or

Deactivation Devices.

This Section defines and penalizes the distribution or

possession of a detection shielding device or any tool or device

designed to remove a theft detection device from merchandise

prior to purchase for the intent to commit (or aid or abet) theft. A

person who activates an anti-shoplifting device may be lawfully

detained in a reasonable manner for a reasonable period of time.

(a) A person is guilty of unlawful distribution of a theft

detection shielding device when he knowingly

manufactures, sells, offers for sale or distributes in any way

any laminated or coated bag intended to shield merchandise

from detection by an electronic or magnetic theft detector.

(b) A person is guilty of unlawful possession of a theft

detection shielding device when he knowingly possesses any

laminated or coated bag or device intended to shield

merchandise from detection by an electronic or magnetic

theft detector, with the intent to commit (or aid or abet) theft.

(c) A person is guilty of unlawful possession of a theft

detection device deactivator or remover when he knowingly

possesses any tool or device designed to allow or capable of

allowing the deactivation or removal from any merchandise

of any theft detection device with the intent to use such tool

or device to deactivate any theft detection device on, or to

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remove any theft detection device from, any merchandise

without the permission of the merchant or person owning or

lawfully holding said merchandise.

(d) A person is guilty of unlawful distribution of a theft

detection device deactivator or remover when he knowingly

manufacturers, sells, offers for sale or distributes in any way

any tool or device designed to allow, or capable of allowing

the deactivation or removal from any merchandise of any

theft detection device without the permission of the

merchant or person owning or lawfully holding said

merchandise.

(e) A person is guilty of unlawful deactivation or

removal of a theft detection device when he intentionally

deactivates in a retail establishment a theft detection device

on, or removes a theft detection device from, merchandise

prior to purchase.

(f) Any person convicted for violating the provisions of

Subsections (a), (b), (c), (d) or (e) of this Section where the

value of the merchandise is less than Five Hundred Dollars

($500) is guilty of a petty misdemeanor. Any person

convicted for violating the provisions of Subsections (a), (b),

(c), (d) or (e) of this Section where the value of the

merchandise is more than Five Hundred Dollars ($500) is

guilty of a misdemeanor.

(g) The activation of an anti-shoplifting or inventory

control device as a result of a person exiting the

establishment or a protected security device within the area

within the establishment shall constitute reasonable cause

for the detention of the person so exiting by the owner or

operator of the establishment or by an agent or employee of

the owner or operator, provided notice has been posted to

advise the patrons that the establishment utilizes anti-

shoplifting or inventory control devices. Each such

detention shall be made only in a reasonable manner and

only for a reasonable period of time sufficient for any inquiry

into the circumstances surrounding the activation of the

device or for the recovery of goods.

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(h) Such taking into custody and detention by a law

enforcement officer, security officer, merchant, merchant's

employee or agent, if done in compliance with all the

requirements of the foregoing Subsection, shall not render

such law enforcement officer, security officer, merchant,

merchant's employee or agent, criminally or civilly liable,

including any liability for false arrest, false imprisonment,

unlawful detention, malicious prosecution, intentional

infliction of emotional distress or defamation.