Retail theft has become an increasingly serious and expensive problem throughout the country. Last year, Pennsylvania enacted a new law aimed at cracking down on those who commit organized retail theft offenses. This followed a spike in these crimes by 30% between 2021 and 2022.
The law decreased the value of goods stolen by half to qualify as a second-degree or third-degree felony. A person accused with stealing anywhere from $2,500 to $9,999 in merchandise can be charged with a third-degree felony. If the amount is between $10,000 and $49,999, that’s a second-degree felony. If it’s $50,000 or more, that can bring a first-degree felony charge. The amounts are based on the items’ retail value – in other words, the amount for which the retailer is selling them.
Just what is organized retail theft?
A person doesn’t need to be convicted of actually stealing the merchandise to face these penalties. Under the law, someone is guilty of committing “organized retail theft” that person “organizes, coordinates, controls, supervises, finances or manages any of the activities of an organized retail theft enterprise.”
This type of enterprise is defined as a “corporation, partnership or any other type of association, whether or not legally formed, operated for the purpose of engaging in violations…relating to receiving stolen property [or] relating to retail theft with intent to resell or reenter the merchandise into commerce.” This covers those who played any role in organizing the theft as well as those involved in receiving or reselling the stolen items.
The law also created an Office of Deputy Attorney General for Organized Retail Crime Theft. There are now prosecutors and law enforcement agents throughout Pennsylvania with the authority to investigate these offenses and enforce the law.
These thefts can result in even more serious charges
In addition to being charged with one of these offenses, a person who’s accused of being involved in an organized retail theft could face additional charges for damage to property and injuries or deaths resulting from the theft. Unfortunately, some of these thefts become violent. Even if no one intended for anyone to be hurt or killed, it can and has happened.
Unfortunately, it can be possible for someone to get caught up in one of these thefts without realizing the extent of the “enterprise.” If that happens, it’s important for people to get their own legal representation to help separate their involvement (or lack of involvement) from others charged with the same offense and to protect their rights and future.