(a) As used in this section, an “electronic article surveillance system” means any electronic device or devices that are designed to detect the unauthorized removal of marked merchandise from a store.

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(b) Whoever has in possession any device, gear, or instrument designed to assist in shoplifting or defeating an electronic article surveillance system with intent to use the same to shoplift and thereby commit theft may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both.