It used to be that retail theft typically involved “shoplifting,” – someone walking out of a store with a piece of jewelry, some make-up or a carton of cigarettes in their backpack. It could involve someone switching tags to pass an item off as on sale or hiding a small item at the bottom of a shopping cart.
In recent years, retail theft has become more sophisticated, violent, destructive and organized. “Smash-and-grab” thefts have become more common in everything from high-end jewelry and clothing stores to large home improvement and big box stores.
That’s why states, including Virginia, have passed new laws, modified current ones and cracked down on enforcement to address what’s known as “organized retail theft.” Let’s take a brief look at Virginia’s organized retail theft law.
What does organized retail theft involve?
According to the law, a person is guilty of this offense “who conspires or acts in concert with another person to commit simple larceny of retail property from one or more retail mercantile establishments, with a value exceeding $5,000 aggregated over a 90-day period….”
Because these thefts often involve people behind the scenes as well as those who take steps after the theft to turn the stolen items into cash, the law targets others besides the people who carry out the actual thefts. There are criminal penalties for those convicted of being an “organizer, supervisor, financier, leader, or manager.” It also addresses anyone who took possession of the stolen items “while knowing or having reasonable grounds to believe the property was unlawfully obtained.”
Some Virginia state lawmakers and others have attempted to repeal the current organized retail theft law that carries felony charges. They argue that those most likely to become involved in these thefts are poor, homeless and/or suffering from addiction and steal for survival. So far, those efforts haven’t met with success.
The penalties for organized retail theft are serious enough on their own. If there’s considerable property damage or if someone is injured or killed, the penalties can be far more serious. If you’re facing charges, it’s crucial to get legal guidance to protect your rights and present your case apart from anyone else who may have far greater culpability.
