Analyzing Maryland’s New Organized Retail Theft Law
Retail theft across the country has been a major concern of law enforcement and legislators. The uptick in retail theft has resulted in several stores closing in high-crime areas. It has also contributed to price increases. This year, lawmakers have decided to fight back by passing a bill that targets organized retail theft.
Senate Bill 11 will likely be signed into law on October 1. Understanding the law, the definitions, and penalties for organized retail theft is now more important than ever.
What is theft?
Theft, also known as larceny, is one of the oldest crimes on the books. It’s defined as depriving another person of goods or services without their consent. Section 7-104 of the Maryland Code defines everything about the crime of theft, including statutes, penalties, and remedies. Under the statute, theft includes:
- Using money held for someone else for your own benefit
- Taking something from a store without paying for it (shoplifting)
- Buying personal items using credit cards, money, or funds from your employer
- Not giving your employer money paid by a customer for a good or service
- Possessing stolen goods
- Retaining possession of a car when your check didn’t clear
- Finding or using property lost by another person
- Receiving goods and using them when they were mistakenly delivered to you
What is organized retail theft?
Organized retail theft is defined as the commission of a series of thefts of retail merchandise over a 90-day period with the intent to permanently deprive the owner of their property. It can be committed by either one person or a group of people acting under the same plan. If the thefts are committed across multiple jurisdictions, the State can add the total value of the alleged thefts when considering what charges they will file.
At present, retail thefts committed across two different counties would be charged in two separate cases. If the value of the theft was less than $1,500, the defendant would face two misdemeanor offenses with a six-month maximum jail sentence. However, in October, the same defendant could face felony organized retail theft charges in either county (although not both), which would carry a five-year prison sentence.
Penalties for organized retail theft
The penalties for theft have decreased over the past few decades. The legislature has increased the threshold for a felony from over $1,000 to over $1,500. In addition, lawmakers have also reduced the penalty for misdemeanor theft from 18 months to 6 months.
Shoplifting under $100 is still a 90-day maximum penalty. Maryland law provides enhanced penalties for repeat offenders, but only when the defendant has four or more convictions. At that point, it becomes a felony with a five-year maximum prison sentence. As a result of this leniency, organized retail theft has thrived. Lawmakers are now regretting rolling back the thresholds for various theft crimes. It remains to be seen how the state will prosecute defendants under the new organized theft bill because it would require multiple law enforcement agencies to work together.
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