Theft detection devices — shield or removal prohibited

1. A person shall not intentionally manufacture or attempt to manufacture, sell or attempt to sell, possess, use, distribute or attempt to distribute, a theft detection shielding device. 2. A person shall not remove or attempt to remove a theft detection device with the intent of committing a theft and without the permission of the merchant who is displaying or selling the goods, wares, or merchandise. 3. A person shall not possess any tool, instrument, or device with the intent to use it in the unlawful removal of a theft detection device. 4. For purposes of this section, “theft detection shielding device” means any laminated or coated bag or device designed to shield merchandise from detection by an electronic or magnetic theft alarm system or any other system designed to alert a person of a possible theft. “Theft detection device” means any electronic or other device attached to goods, wares, or merchandise on display or for sale by a merchant. 5. A person who violates subsection 1 or 3 commits a serious misdemeanor. 6. A person who violates subsection 2 commits the following: a. A simple misdemeanor if the value of the goods, wares, or merchandise does not exceed three hundred dollars. b. A serious misdemeanor if the value of the goods, wares, or merchandise exceeds three hundred dollars.