RCW 9A.56.350
Organized retail theft.
(1) A person is guilty of organized retail theft if he or she:
(a) Commits theft of property with a value of at least seven hundred fifty dollars from a mercantile establishment with an accomplice;
(b) Possesses stolen property, as defined in RCW 9A.56.140, with a value of at least seven hundred fifty dollars from a mercantile establishment with an accomplice;
(c) Commits theft of property with a cumulative value of at least seven hundred fifty dollars from one or more mercantile establishments within a period of up to one hundred eighty days; or
(d) Commits theft of property with a cumulative value of at least seven hundred fifty dollars from a mercantile establishment with no less than six accomplices and makes or sends at least one electronic communication seeking participation in the theft in the course of planning or commission of the theft. For the purposes of this subsection, "electronic communication" has the same meaning as defined in *RCW 9.61.260(5).
(2) A person is guilty of organized retail theft in the first degree if the property stolen or possessed has a value of five thousand dollars or more. Organized retail theft in the first degree is a class B felony.
(3) A person is guilty of organized retail theft in the second degree if the property stolen or possessed has a value of at least seven hundred fifty dollars, but less than five thousand dollars. Organized retail theft in the second degree is a class C felony.
(4) For purposes of this section, a series of thefts committed by the same person from one or more mercantile establishments over a period of one hundred eighty days may be aggregated in one count and the sum of the value of all the property shall be the value considered in determining the degree of the organized retail theft involved. Thefts committed by the same person in different counties that have been aggregated in one county may be prosecuted in any county in which any one of the thefts occurred. For purposes of subsection (1)(d) of this section, thefts committed by the principal and accomplices may be aggregated into one count and the value of all the property shall be the value considered in determining the degree of organized retail theft involved.
(5) The mercantile establishment or establishments whose property is alleged to have been stolen may request that the charge be aggregated with other thefts of property about which the mercantile establishment or establishments is aware. In the event a request to aggregate the prosecution is declined, the mercantile establishment or establishments shall be promptly advised by the prosecuting jurisdiction making the decision to decline aggregating the prosecution of the decision and the reasons for such decision.
[ 2017 c 329 § 1; 2009 c 431 § 15; 2006 c 277 § 2.]
NOTES:
*Reviser's note: RCW 9.61.260 was recodified as RCW 9A.90.120 pursuant to 2022 c 231 § 4 and amended by 2022 c 231 § 1, changing subsection (5) to subsection (8).
Applicability—2009 c 431: See note following RCW 4.24.230.
Property crime database, liability: RCW 4.24.340.
Structure Revised Code of Washington
Title 9A - Washington Criminal Code
Chapter 9A.56 - Theft and Robbery.
9A.56.020 - Theft—Definition, defense.
9A.56.030 - Theft in the first degree.
9A.56.040 - Theft in the second degree.
9A.56.050 - Theft in the third degree.
9A.56.060 - Unlawful issuance of checks or drafts.
9A.56.063 - Making or possessing motor vehicle theft tools.
9A.56.065 - Theft of motor vehicle.
9A.56.068 - Possession of stolen vehicle.
9A.56.070 - Taking motor vehicle without permission in the first degree.
9A.56.075 - Taking motor vehicle without permission in the second degree.
9A.56.078 - Motor vehicle crimes—Civil action.
9A.56.080 - Theft of livestock in the first degree.
9A.56.083 - Theft of livestock in the second degree.
9A.56.085 - Minimum fine for theft of livestock.
9A.56.096 - Theft of rental, leased, lease-purchased, or loaned property.
9A.56.100 - Theft and larceny equated.
9A.56.110 - Extortion—Definition.
9A.56.120 - Extortion in the first degree.
9A.56.130 - Extortion in the second degree.
9A.56.140 - Possessing stolen property—Definition—Presumption.
9A.56.150 - Possessing stolen property in the first degree—Other than firearm or motor vehicle.
9A.56.160 - Possessing stolen property in the second degree—Other than firearm or motor vehicle.
9A.56.170 - Possessing stolen property in the third degree.
9A.56.180 - Obscuring the identity of a machine.
9A.56.190 - Robbery—Definition.
9A.56.200 - Robbery in the first degree.
9A.56.210 - Robbery in the second degree.
9A.56.220 - Theft of subscription television services.
9A.56.230 - Unlawful sale of subscription television services.
9A.56.240 - Forfeiture and disposal of device used to commit violation.
9A.56.250 - Civil cause of action.
9A.56.260 - Connection of channel converter.
9A.56.262 - Theft of telecommunication services.
9A.56.264 - Unlawful manufacture of telecommunication device.
9A.56.266 - Unlawful sale of telecommunication device.
9A.56.268 - Civil cause of action.
9A.56.270 - Shopping cart theft.
9A.56.280 - Credit, debit cards, checks, etc.—Definitions.
9A.56.290 - Credit, payment cards—Unlawful factoring of transactions.
9A.56.300 - Theft of a firearm.
9A.56.310 - Possessing a stolen firearm.
9A.56.320 - Financial fraud—Unlawful possession, production of instruments of.
9A.56.330 - Possession of another's identification.
9A.56.340 - Theft with the intent to resell.
9A.56.350 - Organized retail theft.
9A.56.360 - Retail theft with special circumstances.
9A.56.380 - Possession of stolen mail.
9A.56.390 - Mail theft—Possession of stolen mail—Commission of other crime.