§ 13A-8-226 — Organized Retail Theft

Alabama § 13A-8-226

• Jurisdiction: Alabama
• Title 13A: Criminal Code
• Ch. 8: Offenses Involving Theft
• Art. 11: Retail Theft Crime Prevention Act

Text

(a) A person commits the crime of organized retail theft when the person, in association with one or more other persons, knowingly does any of the following:
(1) Organizes, supervises, finances, participates, directs, solicits, or otherwise manages or assists another person in committing organized retail theft.
(2) Removes, destroys, deactivates, or knowingly evades any component of an antishoplifting or inventory control device to prevent the activation of that device or to facilitate another person in committing organized retail theft.
(3) Attempts, solicits, or conspires with another person to commit organized retail theft.
(4) Receives, purchases, or possesses retail merchandise for sale or resale knowing or believing the retail merchandise to be stolen is from a retail merchant.
(5) Uses any fraud, artifice, instrument, container, device, or other article to facilitate the commission of organized retail theft.
(6) Remains unlawfully inside a retail establishment after business hours, with the intent to commit a retail theft therein.
(7) Uses a wireless telecommunication device or other digital or electronic device to facilitate the theft of retail merchandise.
(8) Uses a rental or stolen motor vehicle or vehicle of another in the course of committing retail theft for the purposes of the concealment of his or her identity.
(9) Receives, retains, or disposes of retail merchandise knowing that it has been stolen or having reasonable grounds to believe it has been stolen.
(b)(1) Theft of one or more items of retail merchandise, the aggregate value of which exceeds two thousand five hundred dollars ($2,500) in retail value, during a one-year or longer period, constitutes organized retail theft.
(2) Theft of retail merchandise consisting of one or more items of retail merchandise during a 180-day period, the aggregate value of which is one thousand dollars ($1,000) or more, constitutes organized retail theft.
(3) Theft or retail merchandise consisting of one or more items of retail merchandise during a 30-day period, the aggregate value of which is five hundred dollars ($500) or more, constitutes organized retail theft.
(c) It shall be prima facie evidence that a person who violates this section acts knowingly when any of the following apply:
(1) On two or more separate occasions within a year prior of the commission of the instant offense of organized retail theft, the person is found in possession or control of stolen retail merchandise.
(2) The person possesses retail merchandise that has been recently stolen.
(3) The person regularly buys, sells, uses, or handles in the course of business retail merchandise of the sort received, and acquired the retail merchandise without making reasonable inquiry whether the individual selling or delivering the retail merchandise to him or her had a legal right to do so.
(d) The fact that the person or persons who acted in association with the person charged under this article have not been charged, convicted, apprehended, or identified is not a defense to a charge of organized retail theft.
(e) Organized retail theft is a Class B felony.

Legislative History

(Act 2023-531, §1.)