K.S.A. Chapter 21 - New Statute

Organized Retail Theft

New 7/1/24

L. 2024, Ch. 86, § 2 (HB2144 Sec. 2): Organized Retail Theft

 

(a)   Organized retail crime is any of the following acts done with intent to permanently deprive the owner of the possession, use or benefit of the owner's property or services:

        (1)   Acting in concert with one or more other persons to:

                (A)   Receive, purchase, sell or possess merchandise with an aggregate retail market value of $5,000 or more within a 12-month period, knowing or believing such merchandise to have been stolen; or

                (B)   take merchandise with an aggregate retail market value of $5,000 or more from one or more retailers within a 12-month period, as part of an organized plan to commit theft; or

        (2)   recruiting, coordinating, organizing, supervising, directing, managing or financing one or more other persons to undertake any of the acts described in paragraph (1).

(b)   Organized retail crime:

        (1)   Involving merchandise with an aggregate retail market value of at least $5,000 but less than $25,000 is a severity level 6, nonperson felony;

        (2)   involving merchandise with an aggregate retail market value of at least $25,000 but less than $100,000 is a severity level 5, nonperson felony; and

        (3)   involving merchandise with an aggregate retail market value of $100,000 or more is a severity level 4, nonperson felony.

(c)    In addition to the venue provided for under any other provision of law, a prosecution for organized retail crime may be brought in any county where at least $1 in aggregate retail market value of merchandise is taken, received, sold or purchased.

(d)   As used in this section:

        (1)   "Aggregate retail market value" means the total combined value of merchandise taken, at the price at which the merchandise would ordinarily be sold by the retailer through legitimate sale or distribution;

        (2)   "merchandise" means chattels of any type or description regardless of the value offered for sale in or about a store;

        (3)   "retailer" means a person or business selling, leasing or facilitating the sale or lease of merchandise to the public or a business; and

         (4)   "store" means a place where merchandise is:

                (A)   Sold or offered to the public for sale at retail; or

                (B)   leased or offered to the public for lease.

(e)   This section shall be a part of and supplemental to the Kansas criminal code.

History: L. 2024, ch. 86, § 2; July 1.