Organized Retail Theft Act of 2025

New felony penalties for organized retail theft

Beginning October 1, 2025, Maryland creates an organized retail theft crime for repeated merchandise thefts over a 90-day period. It covers people acting alone or together, stealing from one or more merchants. They must intend to permanently deprive merchants of goods, return them for gain, or resell, trade, or barter them for gain. The ban applies when the combined value exceeds $1,500, although the first penalty tier starts at $1,500. All three tiers are felonies: $1,500 to under $25,000 carries up to 5 years in prison, a $10,000 fine, or both; $25,000 to under $100,000 carries up to 10 years, a $15,000 fine, or both; and $100,000 or more carries up to 20 years, a $25,000 fine, or both. Each tier requires returning the property or paying the owner its value. Value generally means market value when and where the crime happened, or replacement cost within a reasonable time when market value cannot be found. For organized retail theft, value also includes property damaged to carry out the crime and repair, replacement, or restocking costs. Thefts under one scheme or continuing course of conduct can count as one crime, with values combined to set the offense level. Related thefts by the same person across counties can be prosecuted together in any county where one occurred. Ordinary theft charges remain available, but an organized retail theft conviction merges into the ordinary theft conviction for sentencing when both cover the same acts. At a prosecutor’s request, courts must decide whether qualifying theft, burglary, robbery, or firearm convictions—or probation before judgment—also count as organized retail theft. This finding uses trial evidence and requires proof that it is more likely than not. A positive finding enters the court record for reporting to the state’s central criminal records system.