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Published on 6/24/2025, 2:15:00 PM

Maryland Passes New Organized Retail Theft Law Effective October 2025

In an effort to address coordinated retail crime, Maryland has enacted the Organized Retail Theft Act of 2025 (House Bill 179), signed into law as Chapter 192. The new statute takes effect on October 1, 2025, and creates serious felony penalties for organized shoplifting rings.

What Is Organized Retail Theft?

Organized retail theft is now defined as the commission of multiple thefts from one or more retail stores over a 90-day period, either alone or in coordination with others, with the intent to:

  • Permanently deprive the merchant of the items,
  • Return stolen items for gain (such as a refund), or
  • Resell, barter, or trade the items for money or value.

The law applies to aggregated thefts across multiple counties, allowing prosecutors to join all charges in any jurisdiction where one of the thefts occurred.

"In Concert" Explained

The law criminalizes organized retail theft when it is done either alone or in concert with others. "In concert" means acting together with one or more individuals under a shared plan or understanding. It does not require formal conspiracy charges-merely that the participants committed related acts within the same 90-day period aimed at obtaining merchandise illegally for gain or resale.

This language allows law enforcement to pursue groups engaging in coordinated theft, including informal networks or repeated joint efforts to steal and profit from retail merchandise.

Remember that the State must PROVE that you were working in concert!

Penalties Based on Value

The penalties vary based on the total value of stolen or damaged property:

  • $1,500 to under $25,000: Felony, up to 5 years in prison and/or $10,000 fine.
  • $25,000 to under $100,000: Felony, up to 10 years and/or $15,000 fine.
  • $100,000 or more: Felony, up to 20 years and/or $25,000 fine.

All offenses require the defendant to restore or pay back the value of the stolen or damaged goods.

How This Differs from Traditional Theft Charges

While Maryland's traditional theft law under section 7-104 also criminalizes unlawful control over property with intent to deprive, the Organized Retail Theft Act introduces key differences:

  • Scope of Activity: Traditional theft usually involves single or isolated incidents, while organized retail theft targets repeated conduct over a 90-day span.
  • Aggregation: Under the new law, thefts from different counties can be combined into one prosecution.
  • Purpose: The law focuses on coordinated, large-scale operations aimed at resale or return fraud, rather than individual opportunistic thefts.
  • Court Findings: Judges can be asked to specifically find that an offense qualifies as organized retail theft, a finding that will become part of the criminal record.

Despite overlapping sentencing tiers, this new statute serves as an enhancement for more complex, collaborative criminal activity.

Additional Features of the Law

  • Prosecutors may request a finding from the judge that an offense qualifies as organized retail theft for criminal records purposes.
  • The law ensures sentencing merges with convictions under standard Maryland theft statutes.
  • The value calculation includes damaged goods and restocking or repair costs.

Why This Matters

Retail theft rings have grown more sophisticated. This law gives prosecutors more tools to go after offenders operating in multiple counties and makes high-value theft more risky.

If you're charged with any form of theft in Maryland, especially under this new law, contact a Maryland theft lawyer immediately to discuss your options.

FAQs

Q: When does the Organized Retail Theft Act take effect?

A: October 1, 2025.

Q: Can charges from different counties be combined?

A: Yes, if the thefts were part of the same scheme or conduct.

Q: What if I returned the merchandise?

A: Intent to deprive or gain value through return or resale still qualifies as organized retail theft.