(a) Offense defined.--A person commits organized retail theft if the person organizes, coordinates, controls, supervises, finances or manages any of the activities of an organized retail theft enterprise.
(b) Grading.--
(1) If the retail value of the stolen merchandise in the possession of or under the control of the organized retail theft enterprise is at least $5,000, but not more than $19,999, the offense is a felony of the third degree.
(2) If the retail value of the stolen merchandise in the possession of or under the control of the organized retail theft enterprise is at least $20,000, the offense is a felony of the second degree.
(c) Definitions.--The following words and phrases when used in this section shall have the meanings given to them in this subsection:
"Merchandise." Any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof.
"Merchant." An owner or operator of a retail mercantile establishment or an agent, employee, lessee, consignee, officer, director, franchise or independent contractor of such owner or operator.
"Organized retail theft enterprise." A corporation, partnership or any other type of association, whether or not legally formed, operated for the purpose of engaging in violations of the provisions of section 3925 (relating to receiving stolen property) or 3929 (relating to retail theft).
"Retail value." A merchant's stated or advertised price of merchandise. If merchandise is not traceable to a specific merchant, the stated or advertised price of the merchandise by merchants in the same geographical region.
(June 16, 2010, P.L.212, No.33, eff. 60 days)
2010 Amendment. Act 33 added section 3929.3.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 39 - Theft and Related Offenses
Section 3902 - Consolidation of theft offenses
Section 3903 - Grading of theft offenses
Section 3904 - Arrest without warrant
Section 3921 - Theft by unlawful taking or disposition
Section 3922 - Theft by deception
Section 3922.1 - Financial exploitation of an older adult or care-dependent person
Section 3923 - Theft by extortion
Section 3924 - Theft of property lost, mislaid, or delivered by mistake
Section 3925 - Receiving stolen property
Section 3926 - Theft of services
Section 3927 - Theft by failure to make required disposition of funds received
Section 3928 - Unauthorized use of automobiles and other vehicles
Section 3929.1 - Library theft
Section 3929.2 - Unlawful possession of retail or library theft instruments
Section 3929.3 - Organized retail theft
Section 3930 - Theft of trade secrets
Section 3931 - Theft of unpublished dramas and musical compositions
Section 3932 - Theft of leased property
Section 3933 - Unlawful use of computer (Repealed)
Section 3934 - Theft from a motor vehicle