Of all the types of theft crimes that the law addresses, one of the most serious is organized retail crime (ORC). It’s also commonly referred to as organized retail theft.
As it has become a growing problem throughout the country, states have added and modified laws to increase the consequences for those convicted of this offense. Texas is among those states.
How is it defined?
The Texas Organized Retail Crime Association (TXORCA) defines the offense as “an organized effort by two or more persons to convert illegally obtained merchandise or cash into financial gain through theft or fraud….[that] usually involves the theft of multiple quantities of similar products or thefts from multiple stores, multiple jurisdictions or multiple states.”
Even one group involved in organized retail theft can steal hundreds of thousands of dollars, if not more, in merchandise of all kinds. These thefts can cause considerable damage to stores and involve violence and injuries (which can result in even more serious charges). Law enforcement authorities say the money made from the sale of stolen items is often used to finance other types of criminal activity and, according to one FBI official, “potentially even terrorism.”
Texas’ organized retail theft law addresses any person who “intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of stolen retail merchandise, or merchandise explicitly represented to the person as being stolen retail merchandise.”
The potential consequences
There are a lot of points at which someone can get caught up in organized retail theft – from participating in the theft itself to purchasing stolen items and more. The level of criminal charge a person can face (from a Class C misdemeanor to a first-degree felony) depends in large part on the value of the items stolen. Under Texas law, anyone who has “organized, supervised, financed, or managed” the theft can be subject to more serious penalties on the higher end of that scale.
It can be easy for someone to end up playing a role in an organized retail theft without realizing it. That’s why it’s crucial for anyone facing these charges to get their own legal guidance to protect their rights and separate themselves from the actions of others.
