Organized Retail Theft

This type of theft specifically seeks to punish conduct related to organized retail theft. The following conduct can be prosecuted:

  • If someone receives this type of stolen property;
  • Possesses such property;
  • Hides the property for another person;
  • Stores such stolen retail merchandise for themselves or another person;
  • Barters the merchandise for other property;
  • Sells the stolen retail merchandise; or
  • Simply disposes of the retail merchandise.

Punishment for Organized Retail Theft

The punishment for this type of theft or other involvement in stolen retail merchandise depends on the value of the stolen property. The consequences range from a Class B misdemeanor to a first-degree felony. The breakdown is as follows:

  • Where the value of the property is less than $100, it is a Class B misdemeanor punishable by a fine up to $2,000 or up to 180 days in jail or both;
  • Where the value of the merchandise is more than $100 and less than $750, the conduct is a Class A misdemeanor, which is punishable by a fine up to $4,000 or up to one year in jail, or both;
  • $750 to $2500 worth of stolen merchandise is considered a state jail felony, which is punishable by a fine up to $10,000, and up to two years in jail, with a minimum jail sentence of 180 days;

Penal Code Section 31.16