Chapter 14 - Article 16A

Article 16A.

Organized Retail Theft.

§ 14-86.5. Definitions.

The following definitions apply in this Article:

(1) Gift card. - A record evidencing a promise, made for monetary consideration, by a seller or issuer that goods or services will be provided to the owner of the record to the value shown in the record. A gift card includes a record that contains a microprocessor chip, magnetic strip, or other storage medium that is prefunded and for which the value is adjusted upon each use, a gift certificate, a stored-value card or certificate, a store card, or a prepaid long-distance telephone service that is activated by a prepaid card that required dialing an access number or an access code in addition to dialing the phone number to which the user of the prepaid card seeks to connect.

(2) Repealed by Session Laws 2024-22, s. 2(a), effective December 1, 2024, and applicable to offenses committed on or after that date.

(3) Gift card issuer. - Any person or entity that sells, distributes, or supplies a gift card.

(4) Gift card redemption information. - Any information unique to a gift card that allows the cardholder to access, transfer, or spend the funds on that gift card.

(5) Gift card value. - The maximum monetary value that can be applied to the card.

(6) Retail property. - Any article, product, commodity, item, or component intended to be sold in retail commerce.

(7) Theft. - To take possession of, carry away, transfer, or cause to be carried away the retail property of another with the intent to steal the retail property.

(8) Value. - The retail value of an item as advertised by the affected retail establishment, to include all applicable taxes. (2007-373, s. 3; 2024-22, s. 2(a); 2025-71, s. 4(c).)

§ 14-86.6. Organized retail theft.

(a) Offense. - A person commits the offense of organized retail theft if the person does any of the following:

(1) Conspires with another person to commit theft of retail property from retail establishments with the intent to sell, transfer, or possess that retail property for monetary or other gain.

(2) Receives or possesses any retail property that has been taken or stolen in violation of subdivision (1) of this subsection while knowing or having reasonable grounds to believe the property is stolen.

(3) Conspires with two or more other persons as an organizer, supervisor, financier, leader, or manager to engage for profit in a scheme or course of conduct to effectuate or intend to effectuate the transfer or sale of property stolen from a merchant in violation of this section.

(4) Conspires with another person to acquire or retain possession of a gift card or gift card redemption information without the consent of the cardholder or card issuer.

(5) Devises a scheme with one or more persons to obtain a gift card or gift card redemption information from a cardholder or card issuer by means of false or fraudulent pretenses, representations, or promises.

(6) Conspires with another person to alter or tamper with a gift card or its packaging with intent to defraud another.

(a1) Repealed by Session Laws 2022-30, s. 1, effective December 1, 2022.

(a2) Punishments. - The following classifications apply to the offense of organized retail theft:

(1) An offense when the gift card value or the retail property has a value exceeding one thousand five hundred dollars ($1,500) aggregated over a 90-day period is a Class H felony.

(2) An offense when the gift card value or the retail property has a value exceeding twenty thousand dollars ($20,000) aggregated over a 90-day period is a Class G felony.

(3) An offense when the gift card value or the retail property has a value exceeding fifty thousand dollars ($50,000) aggregated over a 90-day period is a Class F felony.

(4) An offense when the gift card value or the retail property has a value exceeding one hundred thousand dollars ($100,000) aggregated over a 90-day period is a Class C felony.

(b) Forfeiture. - Except as otherwise provided in G.S. 14-86.1, any interest a person has acquired or maintained in violation of this section shall be subject to forfeiture pursuant to the procedures for forfeiture set out in G.S. 18B-504.

(c) Multiple Thefts. - Thefts of gift cards, gift card redemption information, or retail property occurring in more than one county may be aggregated into an alleged violation of this section. Each county where a part of the charged offense occurs has concurrent venue as described in G.S. 15A-132. (2007-373, s. 3; 2008-187, s. 34(c); 2017-162, s. 2; 2022-30, s. 1; 2024-22, s. 2(b); 2025-71, s. 4(d).)

§ 14-86.7. Damage to property during organized retail theft; assault during organized retail theft.

(a) Damage to Property During Organized Retail Theft. - A person commits the offense of damage to property during organized retail theft if the person conspires with another person to commit theft of retail property from a retail establishment with a value exceeding one thousand dollars ($1,000) and damages, destroys, or defaces real or personal property in excess of one thousand dollars ($1,000).

(b) Assault During Organized Retail Theft. - A person commits the offense of assault during organized retail theft if the person conspires with another person to commit theft of retail property from a retail establishment with a value exceeding one thousand dollars ($1,000) and commits an act of assault and battery against an employee or independent contractor of the retail establishment or a law enforcement officer in the commission of the theft of retail property.