Organized Retail Theft in Arizona
Organized retail theft in Arizona is a serious offense that involves the intentional theft of retail merchandise, typically as part of a larger operation or scheme. Under ARS 13-1819, individuals or groups may face severe penalties if convicted, depending on the value of the stolen goods and the circumstances of the crime. As the occurrence of organized retail crime increases across the country, Arizona law enforcement is taking a more aggressive stance to combat this issue.
This page explores what constitutes organized retail theft in Arizona, the penalties involved, and some potential defenses for those charged under ARS 13-1819.
What is Organized Retail Theft under ARS 13-1819?
Arizona Revised Statutes (ARS 13-1819) defines organized retail theft as an act where an individual or a group engages in theft with the intent to resell, trade, or transfer the stolen goods. Unlike traditional shoplifting, organized retail theft typically involves well-planned operations where merchandise is stolen in large quantities or repeatedly over time.
This statute covers theft from retail stores where the stolen property is either:
- Resold through illegal channels, online marketplaces, or fences.
- Transported across state or national borders.
- Stored in warehouses for future sales.
Elements of the Crime
For someone to be convicted of organized retail theft under ARS 13-1819, the prosecution must prove specific elements beyond a reasonable doubt, including:
- Intent to Steal: The defendant had the intention of stealing merchandise from one or more retail establishments.
- Value of Stolen Goods: The cumulative value of the stolen goods plays a critical role. If the value exceeds a certain threshold, the charges can escalate to a felony.
- Resale Intent: The defendant intended to resell, distribute, or transport the stolen goods.
- Participation in an Organized Effort: The involvement of multiple people or repeated acts of theft can demonstrate participation in an organized criminal operation.
Penalties for Organized Retail Theft in Arizona
The penalties for organized retail theft under ARS 13-1819 are severe, with sentences based on the value of the stolen merchandise and prior criminal history. Arizona organized retail theft laws include the following punishments:
- Class 4 Felony: If the value of the stolen goods is less than $3,000, the defendant could face a Class 4 felony charge. Penalties include:
- Prison Sentence: Up to 3.75 years in prison.
- Fines: Substantial fines and restitution to the victims.
- Probation: In some cases, probation may be granted for first-time offenders.
- Class 3 Felony: If the value of the stolen goods exceeds $3,000, the charges can escalate to a Class 3 felony, leading to:
- Prison Sentence: Up to 8.75 years in prison.
- Increased Fines: Higher fines and restitution amounts, especially for repeat offenders or large-scale operations.
- Mandatory Restitution: Convicted individuals must pay for the losses incurred by the victim retailers.
Additionally, organized retail theft involving transportation across state lines can invoke federal charges, further complicating the case and adding to the severity of potential sentences.
