District Attorney
Retail Theft Unit

Retail theft, also known as shoplifting, is a criminal act that involves the stealing or attempted stealing of merchandise from a retail establishment. In California, retail theft is typically charged as either petty theft or grand theft, depending on the value of the goods stolen. Petty theft is committed when the value of the stolen goods is $950 or less, while grand theft occurs when the value exceeds $950.

In both cases, a person convicted of theft can face serious penalties, including imprisonment and fines. Specifically, grand theft can be charged as a misdemeanor or felony, with the latter carrying more severe penalties. A felony conviction could result in a sentence of 16 months, two or three years in jail, a fine of up to $10,000, or both.

Organized Retail Theft (ORT) is a more significant and sophisticated form of retail theft. It involves an organized group of individuals systematically stealing from retail stores, and then often reselling the stolen goods. ORT doesn't usually involve casual or opportunistic shoplifters; it's a form of theft that is carefully planned and executed.

ORT has posed a significant challenge to retailers and law enforcement agencies in San Joaquin County, California, and across the United States. Because of its organized nature, it has a far greater impact than individual instances of shoplifting. It leads to higher retail losses, affects pricing, and can even lead to job losses within the retail industry.

To address this issue, California enacted Assembly Bill 1065 in 2018, which gives law enforcement and prosecutors additional tools to combat ORT. This legislation allows for individuals involved in coordinated theft to be charged with felony conspiracy, even if the value of the stolen goods is less than $950.

Fahnda Hashish
Deputy District Attorney