Organized Retail Theft

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute(s)
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

Intentionally conducting or facilitating theft of retail merchandise valued at $1,500 or more but less than $20,000 is a state jail felony; of merchandise valued at $20,000 or more but less than $100,000 is a third degree felony; of merchandise valued at $100,000 or more but less than $200,000 is a second degree felony; and of merchandise valued over $200,000 is a first degree felony.

The level of charge is raised once for leading a group in retail theft, or causing an alarm to sound to distract from said theft.

Statute(s)

§ 31.16. ORGANIZED RETAIL THEFT.

(a) In this section, "retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment.

(b) A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of a total value of not less than $1,500 of: (1) stolen retail merchandise; or (2) merchandise explicitly represented to the person as being stolen retail merchandise.

(1) a state jail felony if the total value of the merchandise involved in the activity is $1,500 or more but less than $20,000;

(2) a felony of the third degree if the total value of the merchandise involved in the activity is $20,000 or more but less than $100,000;

(3) a felony of the second degree if the total value of the merchandise involved in the activity is $100,000 or more but less than $200,000; or

(4) a felony of the first degree if the total value of the merchandise involved in the activity is $200,000 or more.

(d) An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b).

(e) For the purposes of punishment, an offense under this section or an offense described by Section 31.03(e)(1) or (2) is increased to the next highest category of offense if it is shown at the trial of the offense that the defendant, with the intent that a distraction from the commission of the offense be created, intentionally, knowingly, or recklessly caused an alarm to sound or otherwise become activated during the commission of the offense.

Added by Acts 2007, 80th Leg., R.S., Ch. 1274, § 1, eff. September 1, 2007.