AN ACT TO INCREASE THE PENALTIES FOR ORGANIZED RETAIL THEFT, TO PROVIDE ADDITIONAL PENALTIES FOR DAMAGE TO PROPERTY OR ASSAULT OF A PERSON DURING THE COMMISSION OF ORGANIZED RETAIL THEFT, TO PROVIDE ADDITIONAL RECOVERY TO RETAIL ESTABLISHMENTS FOR LOSS DUE TO ORGANIZED RETAIL THEFT, AND TO REGULATE HIGH-VOLUME THIRD-PARTY SELLERS OPERATING ON ONLINE MARKETPLACES.
Effective December 1, 2022, adds the following new criminal offenses to those relating to organized retail theft in GS 14-86.6.
Makes it a felony offense to conspire with another to commit theft of retail property from one or more retail establishments with the intent to sell the property for monetary or other gain, and taking or causing that property to be placed in the control of a retail property fence or other person in exchange for consideration. Makes offenses where the retail property value exceeds $50,000 aggregated over a 90-day period punishable as a Class F felony, and offenses where the retail property value exceeds $100,000 aggregated over a 90-day period punishable as a Class C felony. Additionally makes it a Class F felony or Class C felony to conspire with two or more persons as an organizer, supervisor, financier, leader, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property stolen from a merchant in violation of these provisions, with felony classification based on the aggregate retail property value over a 90-day period.
Makes it a Class G felony to conspire with another to commit theft of retail property from a retail establishment with a value exceeding $1,000, and damage, destroy, or deface real or personal property in excess of $1,000.
Makes it a Class G felony to conspire with another to commit theft of retail property from a retail establishment with a value exceeding $1,000, and commit an act of assault or battery against an employee or independent contractor of the retail establishment or law enforcement officer in the commission of the offense.
Makes all conveyances, including vehicles, used by any person in the commission of organized retail theft in violation of GS 14-86.6, as amended, subject to forfeiture under the provisions of GS 14-86.1.
Applies to offenses committed on or after December 1, 2022.