(a) As used in this section:(1) “Consumer goods” means moveable goods for sale at retail that are used or bought for use primarily for personal, family, or household purposes; and(2) “Value” means the actual retail price of the property at the time and place of the offense.
(1) “Consumer goods” means moveable goods for sale at retail that are used or bought for use primarily for personal, family, or household purposes; and
(2) “Value” means the actual retail price of the property at the time and place of the offense.
(b) A person commits the offense of organized retail theft if:(1) The person, acting in concert with one (1) or more other persons, knowingly:(A) Commits theft of property under § 5-36-103(a) and the property is consumer goods;(B) Organizes, supervises, finances, directs, solicits, or otherwise aids in the commission of theft of property under § 5-36-103(a) and the property is consumer goods;(C) Removes, destroys, deactivates, or evades any component of an antishoplifting or inventory control device to prevent the activation of that device to facilitate the commission of theft of property under § 5-36-103(a) and the property is consumer goods;(D) Remains unlawfully inside a retail establishment after business hours to facilitate the commission of theft of property under § 5-36-103(a) and the property is consumer goods;(E) Uses a wireless telecommunication device or other digital or electronic device to facilitate the commission of theft of property under § 5-36-103(a) and the property is consumer goods; or(F) Uses a rental or stolen motor vehicle or vehicle of another in the course of committing theft of property under § 5-36-103(a) and the property is consumer goods; and(2) (A) The value of the property or aggregate value of property stolen within one hundred twenty (120) days is more than one thousand dollars ($1,000).(B) The unaltered price tag or other marking on property, or identified photographs thereof, or bills of lading or shipping manifests, is prima facie evidence of value and ownership of the property.
(1) The person, acting in concert with one (1) or more other persons, knowingly:(A) Commits theft of property under § 5-36-103(a) and the property is consumer goods;(B) Organizes, supervises, finances, directs, solicits, or otherwise aids in the commission of theft of property under § 5-36-103(a) and the property is consumer goods;(C) Removes, destroys, deactivates, or evades any component of an antishoplifting or inventory control device to prevent the activation of that device to facilitate the commission of theft of property under § 5-36-103(a) and the property is consumer goods;(D) Remains unlawfully inside a retail establishment after business hours to facilitate the commission of theft of property under § 5-36-103(a) and the property is consumer goods;(E) Uses a wireless telecommunication device or other digital or electronic device to facilitate the commission of theft of property under § 5-36-103(a) and the property is consumer goods; or(F) Uses a rental or stolen motor vehicle or vehicle of another in the course of committing theft of property under § 5-36-103(a) and the property is consumer goods; and
(A) Commits theft of property under § 5-36-103(a) and the property is consumer goods;
(B) Organizes, supervises, finances, directs, solicits, or otherwise aids in the commission of theft of property under § 5-36-103(a) and the property is consumer goods;
(C) Removes, destroys, deactivates, or evades any component of an antishoplifting or inventory control device to prevent the activation of that device to facilitate the commission of theft of property under § 5-36-103(a) and the property is consumer goods;
(D) Remains unlawfully inside a retail establishment after business hours to facilitate the commission of theft of property under § 5-36-103(a) and the property is consumer goods;
(E) Uses a wireless telecommunication device or other digital or electronic device to facilitate the commission of theft of property under § 5-36-103(a) and the property is consumer goods; or
(F) Uses a rental or stolen motor vehicle or vehicle of another in the course of committing theft of property under § 5-36-103(a) and the property is consumer goods; and
(2) (A) The value of the property or aggregate value of property stolen within one hundred twenty (120) days is more than one thousand dollars ($1,000).(B) The unaltered price tag or other marking on property, or identified photographs thereof, or bills of lading or shipping manifests, is prima facie evidence of value and ownership of the property.
(A) The value of the property or aggregate value of property stolen within one hundred twenty (120) days is more than one thousand dollars ($1,000).
(B) The unaltered price tag or other marking on property, or identified photographs thereof, or bills of lading or shipping manifests, is prima facie evidence of value and ownership of the property.
(c) Organized retail theft is a:(1) Class B felony if:(A) The value of the property is twenty-five thousand dollars ($25,000) or more; or(B) The aggregate value of property stolen within one hundred twenty (120) days is twenty-five thousand dollars ($25,000) or more;(2) Class C felony if:(A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or(B) The aggregate value of property stolen within one hundred twenty (120) days is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or(3) Class D felony if:(A) The value of the property is less than five thousand dollars ($5,000) but more than one thousand dollars ($1,000); or(B) The aggregate value of property stolen within one hundred twenty (120) days is less than five thousand dollars ($5,000) but more than one thousand dollars ($1,000).
(1) Class B felony if:(A) The value of the property is twenty-five thousand dollars ($25,000) or more; or(B) The aggregate value of property stolen within one hundred twenty (120) days is twenty-five thousand dollars ($25,000) or more;
(A) The value of the property is twenty-five thousand dollars ($25,000) or more; or
(B) The aggregate value of property stolen within one hundred twenty (120) days is twenty-five thousand dollars ($25,000) or more;
(2) Class C felony if:(A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or(B) The aggregate value of property stolen within one hundred twenty (120) days is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or
(A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or
(B) The aggregate value of property stolen within one hundred twenty (120) days is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or
(3) Class D felony if:(A) The value of the property is less than five thousand dollars ($5,000) but more than one thousand dollars ($1,000); or(B) The aggregate value of property stolen within one hundred twenty (120) days is less than five thousand dollars ($5,000) but more than one thousand dollars ($1,000).
(A) The value of the property is less than five thousand dollars ($5,000) but more than one thousand dollars ($1,000); or
(B) The aggregate value of property stolen within one hundred twenty (120) days is less than five thousand dollars ($5,000) but more than one thousand dollars ($1,000).
(d) If an organized retail theft takes place in more than one (1) judicial district, the instances of organized retail theft may be aggregated and charged in the circuit court of any judicial district in which one (1) or more instances occured and each judicial district shall have concurrent jurisdiction.