Bill Text: NC H384 | 2017-2018 | Regular Session | Amended
Bill Title: Increase Penalties/Organized Retail Theft
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2017-07-21 - Ch. SL 2017-162 [H384 Detail]
Download: North_Carolina-2017-H384-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 2
HOUSE BILL 384
Committee Substitute Favorable 4/6/17
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Short Title: Increase Penalties/Organized Retail Theft. |
(Public) |
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Sponsors: |
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Referred to: |
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March 20, 2017
A BILL TO BE ENTITLED
AN ACT to strengthen the organized retail theft laws.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14‑72.11 reads as rewritten:
"§ 14‑72.11. Larceny from a merchant.
A person is guilty of a Class H felony if the person commits larceny against a merchant under any of the following circumstances:
(1) If the property taken has
a value of more than two hundred dollars ($200.00), by using an exit door
erected and maintained to comply with the requirements of 29 C.F.R. § 1910.36
and 29 C.F.R. § 1910.37 upon which door has been placed a notice, sign, or
poster providing information about the felony offense and punishment provided
under this subsection, to exit the premises of a store.
(2) By removing, destroying, or deactivating a component of an antishoplifting or inventory control device to prevent the activation of any antishoplifting or inventory control device.
(3) By affixing a product code created for the purpose of fraudulently obtaining goods or merchandise from a merchant at less than its actual sale price.
(4) When the property is infant formula valued in excess of one hundred dollars ($100.00). As used in this subsection, the term "infant formula," has the same meaning as found in 21 U.S.C. § 321(z).
(5) By exchanging property, knowing or having reasonable grounds to believe the property is stolen, for cash, a gift card, a merchandise card, or some other item of value.
(6) By exchanging property, knowing or having reasonable grounds to believe the property is stolen, for cash, a gift card, a merchandise card, or some other item of value and utilizing fictitious identification to prevent the merchant from properly identifying the person seeking to exchange the property."
SECTION 2. G.S. 14‑86.6 reads as rewritten:
"§ 14‑86.6. Organized retail theft.
(a) A person is guilty of a
Class H felony if the person:person does either of the following:
(1) Conspires with another person to commit theft of retail property from retail establishments, with a value exceeding one thousand five hundred dollars ($1,500) aggregated over a 90‑day period, with the intent to sell that retail property for monetary or other gain, and who takes or causes that retail property to be placed in the control of a retail property fence or other person in exchange for consideration.
(2) Receives or possesses any retail property that has been taken or stolen in violation of subdivision (1) of this subsection while knowing or having reasonable grounds to believe the property is stolen.
(a1) A person is guilty of a Class G felony if the person does either of the following:
(1) Conspires with another person to commit theft of retail property from retail establishments, with a value exceeding twenty thousand dollars ($20,000) aggregated over a 90‑day period, with the intent to sell that retail property for monetary or other gain, and who takes or causes that retail property to be placed in the control of a retail property fence or other person in exchange for consideration.
(2) Acts as leader of two or more other persons associated for the purpose of engaging in conduct in violation of this section, if the person conspires with others as an organizer, supervisor, financier, 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.
(b) Any interest a person has acquired or maintained in violation of this section shall be subject to forfeiture pursuant to the procedures for forfeiture set out in G.S. 18B‑504.
(c) Thefts of retail property occurring in more than one county may be aggregated in alleging a violation of this section. Venue for prosecution of a violation of this section is appropriate in any county in which an aggragated theft of retail property occurred."
SECTION 3. G.S. 66‑387 reads as rewritten:
"§ 66‑387. Definitions.
The following definitions apply in this Part:
(1) Cash. – Lawful currency of the United States.
(2) Currency converter. – A
person engaged in the business of purchasing goods goods, including a
gift card or merchandise card of any value not issued by the person, from
the public for cash at a permanently located retail store store, an itinerant merchant as defined in G.S. 66‑250(1),
or a Web site located in North Carolina who holds himself or herself out to the public by signs,
advertising, or other methods as engaging in that business. The term does not
include any of the following:
a. Pawnbrokers.Pawnbrokers,
except with regard to the purchase of a gift card or merchandise card.
b. Persons whose goods purchases are made directly from manufacturers or wholesalers for their inventories.
c. Precious metals dealers, to the extent that their transactions are regulated under Part 2 of this Article.
d. Purchases by persons
primarily in the business of obtaining from the public, either by purchase or
exchange, used clothing, children's furniture, and children's products, provided
provided (i) the amount paid for the individual item purchased is
less than fifty dollars ($50.00).($50.00) and (ii) the individual item
purchased is not a gift card or merchandise card of any value.
e. Purchases by persons
primarily in the business of obtaining from the public, either by purchase or
exchange, sporting goods and sporting equipment, provided provided
(i) the amount paid for the individual item purchased is less than fifty
dollars ($50.00).($50.00) and (ii) the individual item purchased is
not a gift card or merchandise card of any value.
(3) Pawn or pawn transaction. – A written bailment of personal property as security for a debt, redeemable on certain terms within 180 days, unless renewed, and with an implied power of sale on default.
(4) Pawnbroker. – A person engaged in the business of lending money on the security of pledged goods and who may also purchase merchandise for resale from dealers and traders.
(5) Pawnshop. – The location at which, or premises in which, a pawnbroker regularly conducts business.
(6) Person. – Any individual, corporation, joint venture, association, or any other legal entity, however organized.
(7) Pledged goods. – Tangible personal property which is deposited with, or otherwise actually delivered into, the possession of a pawnbroker in the course of his business in connection with a pawn transaction.
(8) Purchase. – An item purchased from an individual for the purpose of resale whereby the seller no longer has a vested interest in the item."
SECTION 4. This act becomes effective December 1, 2017, and applies to offenses committed on or after that date.
