In Brief

Organized Retail Theft: Legislation Snapshot

Recent measures related to organized retail crime

By Sarah D. Scalet

February 06, 2007 — CSO —

Legislation Snapshot

Recent measures related to organized retail crime

EFFECTIVEDESCRIPTION
New Jersey S. 273Aug. 2, 2006Criminalizes organized retail theft, defined as two or more persons who engage in the ­conduct of or are associated for the purpose of effectuating the transfer or sale of shoplifted merchandise. The law establishes lower value thresholds for prosecution in cases where ­organized retail theft is involved. For instance, for shoplifting to be considered a crime of the second degree, the full retail value of the merchandise must be $75,000 or more, but if the offense is committed with an organized retail theft enterprise, the full retail value of the ­merchandise need be only $1,000 or more.
Colorado H.B. 06-1380July 1, 2006Creates a temporary interagency task force to research organized retail theft and make ­recommendations regarding law enforcement and education about retail theft. The law also makes it a misdemeanor to sell certain itemsincluding infant formula, batteries and razor bladesat a flea market without proof of ownership.
Washington State H.B. 2704June 7, 2006Defines the circumstances in which someone would be guilty of organized retail theft, with the lowest threshold being theft of property with a value of at least $250 from a mercantile establishment with an accomplice. The law also allows prosecutors to aggregate thefts committed by the same person over 180 days, and to prosecute them in any county in which a theft occurred.
U.S. H.R. 3402, the Violence Against Women and DoJ Reauthorization Act of 2005Jan. 5, 2006As part of the Violence Against Women and Department of Justice Reauthorization Act of 2005, appropriates $5 million annually for four years for fighting organized retail theft. The law establishes an FBI task force to fight organized retail theft as well as a national database to allow law enforcement officials and retailers to share information about this type of crime.

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