Organized Retail Theft targets the conduct of stealing — or knowingly receiving, possessing, or selling — retail merchandise that was taken to be resold for profit. It is aimed at booster and resale schemes, but it is written broadly enough that ordinary defendants can be swept in.
What the Law Covers
Organized Retail Theft is defined in Texas Penal Code § 31.16. The State must prove that a person intentionally conducted, promoted, or facilitated an activity involving the theft of retail merchandise, or knowingly possessed or sold stolen retail merchandise.
Punishment Range
The offense follows a value ladder similar to theft, from a misdemeanor for the smallest amounts up to a first-degree felony for the largest totals — and the level can be increased when three or more people act together.
How These Cases Are Defended
Defenses include challenging knowledge that merchandise was stolen, the value calculation, whether the conduct fits the statute rather than ordinary shoplifting, and any unlawful search or seizure. Distinguishing a single act of shoplifting from "organized" activity is often central to reducing the exposure.
If you have been charged in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC for a free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.