{"data":{"id":"us-ky/krs-433.236","jurisdiction":"us-ky","citation":"KRS 433.236","heading":"Detention and arrest of shoplifting suspect -- Immunity from criminal","body":"liability.\n(1) A peace officer, security agent of a mercantile establishment, merchant, or\nmerchant's employee who has probable cause to believe that goods held for sale by\nthe merchant have been unlawfully taken by a person may take the person into\ncustody and detain him or her in a reasonable manner for a reasonable length of\ntime, on the premises of the mercantile establishment or off the premises of the\nmercantile establ ishment, if the persons enumerated in this section are in fresh\npursuit, for any of the following purposes:\n(a) To request identification;\n(b) To verify such identification;\n(c) To make reasonable inquiry as to whether such person has in his or her\npossession unpurchased merchandise, and to make reasonable investigation of\nthe ownership of such merchandise;\n(d) To recover or attempt to recover goods taken from the mercantile\nestablishment by such person, or by others accompanying him or her; or\n(e) To inform a peace officer or law enforcement agency of the detention of the\nperson and to surrender the person to the custody of a peace officer, and in the\ncase of a minor, to inform the parents, guardian, or other person having\ncustody of that minor of his or he r detention, in addition to surrendering the\nminor to the custody of a peace officer.\n(2) Any person exercising any authority granted in subsection (1) of this section may\nuse a reasonable amount of force necessary to protect himself or herself and to\nprevent the escape of the person detained or the loss of goods for sale. Except as\nprovided in KRS Chapter 503, deadly force shall not be justified solely to protect\nproperty.\n(3) The recovery of goods taken from the mercantile establishment by the person\ndetained or by others shall not limit the right of the persons named in subsection (1)\nof this section to detain such person for peace officers or otherwise accomplish the\npurposes of subsection (1) of this section.\n(4) Any person enumerated in subsection (1) of this section shall be immune from\ncriminal liability and shall only be subject to civil liability for failing to exercise\nreasonable care for any authority granted under this section.\n(5) Any peace officer may arrest without warrant any person he or she  has probable\ncause to believe has committed larceny in retail or wholesale establishments.","path":["KRS Chapter 433"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55463","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:47Z","sha256":"14934da7dca1aee73f8538f0b3a9a5dc79fabac0139a57c5573c2fe079bc42f2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-433.234","next":"us-ky/krs-433.240"},"notice":"GroundRules: Original legal text. Not legal advice."}