# 42 Pa.C.S. § 8308: Damages in actions on retail theft > Pennsylvania · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8308 ## Section - **Citation:** 42 Pa.C.S. § 8308 - **Heading:** Damages in actions on retail theft - **Jurisdiction:** Pennsylvania - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** PA Code / Title 42 / Chapter 83 / Section 8308 ## Text (a) General rule.--In a civil action based on retail theft, as defined in 18 Pa.C.S. § 3929(a) (relating to retail theft), a court of competent jurisdiction shall utilize the following remedies: (1) Order the defendant to restore the merchandise to the plaintiff in its original condition, if possible. (2) Award damages as follows: (i) If it is not possible to restore the merchandise in its original condition under paragraph (1), award the value of the merchandise as damages. (ii) Award actual damages arising from the incident. Damages under this subparagraph do not include the loss of time or wages incurred by the plaintiff in connection with the apprehension and prosecution of the defendant. (iii) Award reasonable attorney fees and reasonable court costs. (3) Award a civil penalty to the plaintiff in the amount of the value of the merchandise plus $150. (b) Minors.--If the defendant is a minor, the act of July 27, 1967 (P.L.186, No.58), entitled "An act imposing liability upon parents for personal injury, or theft, destruction, or loss of property caused by the willful, tortious acts of children under eighteen years of age, setting forth limitations, and providing procedure for recovery," applies. (c) Criminal disposition.--Criminal prosecution under 18 Pa.C.S. § 3929 is not a prerequisite to the applicability of this section. (d) Limitations.-- (1) The plaintiff shall send a notice to the defendant's last known address giving the defendant 20 days to respond before a civil action may be commenced. (2) No civil action under this section may be maintained if the defendant has paid the plaintiff a penalty equal to the retail value of the merchandise, not to exceed $500, plus the sum of $150. (e) Release.--If the person to whom a written demand is made complies with such demand within 20 days after the receipt of the demand, that person shall be given a written release from further civil liability with respect to the specific act of retail theft. (Nov. 21, 1990, P.L.563, No.141, eff. 60 days) 1990 Amendment. Act 141 added section 8308. References in Text. The act of July 27, 1967, P.L.186, No.58, referred to in subsec. (b), was repealed by the act of December 19, 1990, P.L.1240, No.206. The subject matter is now contained in Chapter 55 of Title 23 (Domestic Relations). ## Nearby sections - [42 Pa.C.S. § 8301 Death action.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8301.md) - [42 Pa.C.S. § 8302 Survival action.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8302.md) - [42 Pa.C.S. § 8303 Action for performance of a duty required by law.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8303.md) - [42 Pa.C.S. § 8304 Damages in actions on bad checks.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8304.md) - [42 Pa.C.S. § 8305 Actions for wrongful birth and wrongful life.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8305.md) - [42 Pa.C.S. § 8306 Defense against claim for injury sustained in utero barred.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8306.md) - [42 Pa.C.S. § 8307 Action by parent, guardian or other custodian for damages in the sale or transfer of controlled substances to a child.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8307.md) - [42 Pa.C.S. § 8308 Damages in actions on retail theft.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8308.md) - [42 Pa.C.S. § 8309 Civil rights violations.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8309.md) - [42 Pa.C.S. § 8310 Damages in actions on thefts of leased property.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8310.md) - [42 Pa.C.S. § 8311 Damages in actions for conversion of timber.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8311.md) - [42 Pa.C.S. § 8312 Profits received as a result of commission of crime.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8312.md) - [42 Pa.C.S. § 8313 Agricultural crop destruction.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8313.md) - [42 Pa.C.S. § 8314 Assault with biological agent on animal, fowl or honey bees.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8314.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8308. Check the current official text before relying on it. Not legal advice.