Retail theft, proof of ownership for flea market sales, and providing penalties

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.