(1) A person commits the offense of unlawful possession of a theft detection device remover if the person knowingly possesses any tool or device designed to allow the removal of any theft detection device from any merchandise with the intent to use the tool to remove any theft detection device from any merchandise without the permission of the merchant or person owning or holding the merchandise.
(2) The unlawful possession of a theft detection device remover is a Class A misdemeanor.
(3) A subsequent violation of this section is a Class D felony.