1. As used in this section, unless the context otherwise requires:
a. “Pattern of retail theft” means acts committed or directed by a person on at least two
separate occasions in the preceding six months that would constitute a violation of any of the
following:
(1)Burglary under section 713.1 when the structure is a retail establishment.
(2)Theft under section 714.1, subsection 1, 3, 4, or 6, involving retail merchandise.
(3)A violation of section 714.7B concerning theft detection devices.
(4)Theft of pseudoephedrine, under section 714.7C, from a retail establishment.
b. “Retail establishment” means the building where a retailer sells retail merchandise.
c. “Retailmerchandise” means all forms of tangible property held out for sale by a retailer.
d. “Retail theft enterprise” means a gr
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1. As used in this section, unless the context otherwise requires:
a. “Pattern of retail theft” means acts committed or directed by a person on at least two
separate occasions in the preceding six months that would constitute a violation of any of the
following:
(1) Burglary under section 713.1 when the structure is a retail establishment.
(2) Theft under section 714.1, subsection 1, 3, 4, or 6, involving retail merchandise.
(3) A violation of section 714.7B concerning theft detection devices.
(4) Theft of pseudoephedrine, under section 714.7C, from a retail establishment.
b. “Retail establishment” means the building where a retailer sells retail merchandise.
c. “Retailmerchandise” means all forms of tangible property held out for sale by a retailer.
d. “Retail theft enterprise” means a group of two or more individuals with a shared
goal involving the unauthorized removal of retail merchandise from a retailer. “Retail theft
enterprise” does not require the membership of the enterprise to remain the same or that the
same individuals participate in each offense committed by the enterprise.
e. “Retailer” means a person or entity that sells retail merchandise.
f. “Value” means the same as provided in section 714.3.
2. A person commits organized retail theft when all of the following occur:
a. The person is employed by or associated with a retail theft enterprise.
b. Thepersonhaspreviouslyengagedinapatternofretailtheftandintentionallycommits
anactordirectsanothermemberoftheretailtheftenterprisetocommitanactinvolvingretail
merchandise that is a violation of section 713.1, section 714.1, subsection 1, 3, 4, or 6, section
714.7B, or section 714.7C.
c. The person or another member of the retail theft enterprise sells or intends to sell the
stolen retail merchandise, advertises or displays any item of the stolen retail merchandise for
sale, or returns any item of the stolen retail merchandise to a retailer for anything of value.
3. A person who commits organized retail theft is guilty of the following:
a. A class “C” felony if the value of the property stolen exceeds five thousand dollars.
b. A class “D” felony if either of the following circumstances exists:
(1) The value of the property stolen is more than one thousand dollars but not more than
five thousand dollars.
(2) The value of the property is more than five hundred dollars but not more than one
thousand dollars and the person has been convicted at least twice before for a violation of this
section, section713.1, section714.1, subsection1, 3, 4, or6, section714.7B,orsection714.7C,
or a statute from another state, the United States, or a foreign jurisdiction, in conformity
with any of those sections, and the person received a felony or an aggravated misdemeanor
sentence for the offense, and at least two of the prior convictions occurred in the previous
ten years.
c. An aggravated misdemeanor if either of the following circumstances exist:
(1) The value of the property stolen is more than five hundred dollars but not more than
one thousand dollars.
(2) The value of the property is five hundred dollars or less and the person commits the
offense within ten years of a previous conviction under this section, section 713.1, section
714.1, subsection 1, 3, 4, or 6, section 714.7B, or section 714.7C, or a statute from another
state, the United States, or a foreign jurisdiction, in conformity with any of those sections,
and the person received a felony or aggravated misdemeanor sentence for the offense.
d. Aseriousmisdemeanorifthevalueofthepropertystolenisfivehundreddollarsorless.
4. The value of the retail merchandise received by the defendant in violation of this
section within any six-month period may be aggregated and the defendant charged
5 THEFT, FRAUD, AND RELATED OFFENSES, §714.2D
accordingly in applying the provisions of this section, provided that when two or more
offenses are committed by the same person in two or more counties, the accused may be
prosecuted in any county in which one of the offenses was committed for all of the offenses
aggregated under this section.
5. If a violation of this section creates a reasonably foreseeable risk of bodily harm to
another, the penalties described in subsection 3 are enhanced as follows:
a. If the penalty is a serious misdemeanor or an aggravated misdemeanor, the offense
shall be classified and punished as an offense one degree higher than the underlying offense.
b. If the penalty is a felony, the offense shall be classified and punished as an offense one
degree higher than the underlying offense.