Texas Passes Law Instituting Tougher Penalties for Organized Retail Theft

Shoplifting has always been a problem for retailers, but in the last several years, stores have suffered major losses from groups that have organized to steal merchandise. Many states have come to the conclusion that traditional laws barring shoplifting were not sufficient to address the problem of organized retail theft. Now, Texas has joined the jurisdictions that have enacted new provisions to combat this phenomenon. 

In June, the state enacted SB1300, a bill sponsored by State Senator Pete Flores, among others. Sen Flores attributes more than $20 million in annual sales tax revenue losses to large-scale theft operations, and retail groups say the amount taken from stores exceeds $400 million. The updated law lists four types of activity that qualify as organized retail theft:

• When two or more people work in concert to deprive a retailer of merchandise

• When someone appropriates merchandise from a retailer on at least two occasions in a 180-day period

• When someone who did not personally steal goods benefits from organized retail theft carried out by others

• When two or more people work in concert to overwhelm security in order steal goods

Harsher sentences put into place by the law are as follows:

• Property at issue valued at less than $100 — Upgrade from a Class C to a Class B misdemeanor, making incarceration possible even for theft of the most inexpensive merchandise. 

• Property at issue valued between $100 and $750 — Upgrade from a Class B to a Class A misdemeanor, increasing maximum penalty from a $2,000 fine and 180 days in jail to $4,000 and one year. 

• Property at issue valued between $750 and $2,000 — Upgrade from a Class A misdemeanor to a state jail felony. This would not only make a convicted defendant a felon, but also could result in a $10,000 fine and two years behind bars. 

Similarly, existing felony charges would all be increased by one level for cases involving larger amounts. 

The new laws, along with the media attention given to shoplifting incidents, raise the possibility that authorities will stretch to bring organized retail theft charges. There is a great deal of room for interpretation when assessing whether two people acted in concert or overwhelmed security. If you are accused of organized retail theft or another offense, an experienced criminal defense attorney can review the facts and find the flaws in the prosecution’s case. 

Grob & Associates Law Firm PC defends North Texas residents accused of felony and misdemeanor theft offenses, as well as other crimes. To schedule a consultation to discuss your legal rights, please call 972-777-5701 or contact us online. Our offices are in Rockwall and Wylie.