SB 171

Under current law, the penalty for retail theft is based on the value of the

merchandise taken. Retail theft is a Class A misdemeanor if the value of the

merchandise does not exceed $2,500, a Class I felony if the value of the merchandise

exceeds $2,500 but does not exceed $5,000, a Class H felony if the value of the

merchandise exceeds $5,000 but does not exceed $10,000, and a Class G felony if the

value of the merchandise exceeds $10,000.

Also under current law a person may be convicted of engaging in organized

crime, a Class E felony, if the person participates as part of an enterprise in the

commission of at least three incidents of racketeering activity that have the same or

similar intents, results, accomplices, victims, or methods of commission or otherwise

are interrelated by distinguishing characteristics. "Racketeering activity" is the

attempt, conspiracy to commit, or commission of various felonies including felony

retail theft.

This bill makes retail theft of merchandise a Class I felony, and racketeering

activity, if the value of the merchandise exceeds $1,500 but does not exceed $5,000.

The bill also makes retail theft of merchandise that is valued at less than $1,500 a

Class I felony, and racketeering activity, if the actor commits the theft with intent to

sell the merchandise by means of the Internet. The bill further provides that

evidence that a person sold merchandise that is similar to stolen merchandise, by

means of the Internet and within 90 days preceding the theft, is evidence of the

person's intent to sell the stolen merchandise by means of the Internet.

The bill also requires a person selling certain merchandise at a flea market or

similar facility to have proof that the person owns the merchandise and to make the

proof available to a law enforcement officer for inspection. The merchandise covered

by the bill's requirements includes baby food, cosmetics, drugs, infant formula, and

batteries. Under the bill, "proof of ownership" means all of the following: 1) the

name, address, and telephone number of the supplier of the merchandise; 2) the

name and address of the person that received the merchandise; and 3) a description

of the merchandise. Violators are subject to a fine up to $500, up to 30 days'

imprisonment, or both.