A BILL TO BE ENTITLED
AN ACT to strengthen the organized retail theft laws.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑72.11 reads as rewritten:
"§ 14‑72.11.  Larceny from a merchant.
A person is guilty of a Class H felony if the person commits larceny against a merchant under any of the following circumstances:
(1)	If the property taken has a value of more than two hundred dollars ($200.00), by using an exit door erected and maintained to comply with the requirements of 29 C.F.R. § 1910.36 and 29 C.F.R. § 1910.37 to exit the premises of a store.
(2)	By removing, destroying, or deactivating a component of an antishoplifting or inventory control device to prevent the activation of any antishoplifting or inventory control device.
(3)	By affixing a product code created for the purpose of fraudulently obtaining goods or merchandise from a merchant at less than its actual sale price.
(4)	When the property is infant formula valued in excess of one hundred dollars ($100.00). As used in this subsection, the term "infant formula," has the same meaning as found in 21 U.S.C. § 321(z).
(5)	By exchanging stolen property for something of value, cash, a gift card, or a merchandise card.
(6)	By returning stolen property and utilizing fictitious identification to prevent the merchant from properly identifying the person seeking to return the property."
SECTION 2.  Article 16A of Chapter 14 of the General Statutes reads as rewritten:
"Article 16A.
"Organized Retail Theft.
"§ 14‑86.5.  Definitions.
The following definitions apply in this Article:
(1)	"Organized retail theft enterprise." – Two or more persons who associate for the purpose of engaging in the conduct of organized retail theft.
(1a)	"Retail property." – Any article, product, commodity, item, or component intended to be sold in retail commerce.
(2)	"Retail property fence." – A person or business that buys retail property knowing or believing that retail property is stolen.
(3)	"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.
(4)	"Value." – The retail value of an item as advertised by the affected retail establishment, to include all applicable taxes.
"§ 14‑86.6.  Organized retail theft.
(a)	A person is guilty of a Class H felony if the person does either of the following:
(1)	Conspires with another person to commit theft of retail property from retail establishments, with a value exceeding one thousand five hundred dollars ($1,500) aggregated over a 90‑day period, with the intent to sell that retail property for monetary or other gain, and who takes or causes that retail property to be placed in the control of a retail property fence or other person in exchange for consideration.
(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.
(a1)	A person is guilty of a Class G felony if the person does either of the following:
(1)	Conspires with another person to commit theft of retail property from retail establishments, with a value exceeding twenty thousand dollars ($20,000) aggregated over a 90‑day period, with the intent to sell that retail property for monetary or other gain, and who takes or causes that retail property to be placed in the control of a retail property fence or other person in exchange for consideration.
(2)	Acts as leader of an organized retail theft enterprise if the person conspires with others as an organizer, supervisor, financier, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property stolen from a merchant.
(b)	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)	A violation of this section occurring in different counties that have been aggregated in one county may be prosecuted in any county in which one of the violations occurred."
SECTION 3.  G.S. 66‑387 reads as rewritten:
"§ 66‑387.  Definitions.
The following definitions apply in this Part:
(1)	Cash. – Lawful currency of the United States.
(2)	Currency converter. – A person engaged in the business of purchasing goods, including a gift card or merchandise card of any value not issued by the person, from the public for cash at a permanently located retail store, an itinerant merchant as defined in G.S. 66‑250(1), or a Web site located in North Carolina who holds himself or herself out to the public by signs, advertising, or other methods as engaging in that business. The term does not include any of the following:
a.	Pawnbrokers, except with regard to the purchase of a gift card or merchandise card.
b.	Persons whose goods purchases are made directly from manufacturers or wholesalers for their inventories.
c.	Precious metals dealers, to the extent that their transactions are regulated under Part 2 of this Article.
d.	Purchases by persons primarily in the business of obtaining from the public, either by purchase or exchange, used clothing, children's furniture, and children's products, provided (i) the amount paid for the individual item purchased is less than fifty dollars ($50.00) and (ii) the individual item purchased is not a gift card or merchandise card of any value.
e.	Purchases by persons primarily in the business of obtaining from the public, either by purchase or exchange, sporting goods and sporting equipment, provided (i) the amount paid for the individual item purchased is less than fifty dollars ($50.00) and (ii) the individual item purchased is not a gift card or merchandise card of any value.
(3)	Pawn or pawn transaction. – A written bailment of personal property as security for a debt, redeemable on certain terms within 180 days, unless renewed, and with an implied power of sale on default.
(4)	Pawnbroker. – A person engaged in the business of lending money on the security of pledged goods and who may also purchase merchandise for resale from dealers and traders.
(5)	Pawnshop. – The location at which, or premises in which, a pawnbroker regularly conducts business.
(6)	Person. – Any individual, corporation, joint venture, association, or any other legal entity, however organized.
(7)	Pledged goods. – Tangible personal property which is deposited with, or otherwise actually delivered into, the possession of a pawnbroker in the course of his business in connection with a pawn transaction.
(8)	Purchase. – An item purchased from an individual for the purpose of resale whereby the seller no longer has a vested interest in the item."
SECTION 4.  This act becomes effective December 1, 2017, and applies to offenses committed on or after that date.