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Organized Retail Theft in New York

How New York law treats organized retail theft: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: New York does not have a separately named organized retail theft offense in the sections read, but since 2024 grand larceny in the fourth degree (a class E felony, up to 4 years) covers stealing retail goods or merchandise worth more than $1,000 under a common scheme or plan or a single… N.Y. Penal Law 155.30(12); 165.66

Organized retail theftNew York does not have a separately named organized retail theft offense in the sections read, but since 2024 grand larceny in the fourth degree (a class E felony, up to 4 years) covers stealing retail goods or merchandise worth more than $1,000 under a common scheme or plan or a single ongoing intent, and the value may be added together across thefts even from different stores or owners. Offering stolen retail goods for sale for financial gain, online or at a physical location, is 'fostering the sale of stolen goods,' a class A misdemeanor.
Aggregation subdivision added by L.2024, ch. 55, part FF. Fostering: https://www.nysenate.gov/legislation/laws/PEN/165.66 . Maximum prison terms (N.Y. Penal Law 70.00, 70.15): class A-I felony life; class B felony 25 years; class C 15 years; class D 7 years; class E 4 years; class A misdemeanor 364 days; class B misdemeanor 3 months. Felony fines up to $5,000 or double the gain (Penal Law 80.00).

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FAQ

What is organized retail theft in New York?
New York does not have a separately named organized retail theft offense in the sections read, but since 2024 grand larceny in the fourth degree (a class E felony, up to 4 years) covers stealing retail goods or merchandise worth more than $1,000 under a common scheme or plan or a single ongoing intent, and the value may be added together across thefts even from different stores or owners. Offering stolen retail goods for sale for financial gain, online or at a physical location, is 'fostering the sale of stolen goods,' a class A misdemeanor.
Can I get a court-appointed lawyer for organized retail theft in New York?
New York's rule on court-appointed lawyers: Each county (and New York City) must operate a plan for providing counsel to persons charged with a crime who are financially unable to obtain counsel, through a public defender, a legal aid bureau or society, a bar association assigned-counsel plan or conflict defender, or a combination (County Law § 722). Judges decide eligibility; providers often screen applicants and make recommendations. Under the statewide eligibility standards of the Office of Indigent Legal Services (issued under Executive Law § 832), income at or below 250% of the Federal Poverty Guidelines is one of four presumptions of eligibility, an applicant who is incarcerated, detained or confined to a mental health institution is presumptively eligible, and applicants above the income line are not automatically denied. ILS publishes an Assigned Counsel Eligibility Application Form. N.Y. County Law § 722; Executive Law § 832; ILS Eligibility Standards
What happens after an arrest for organized retail theft in New York?
How release before trial works in New York: The court issues a securing order after making an individualized determination about the risk that the principal will not return to court, and must explain its choice on the record or in writing. The court shall release the principal pending trial on the principal's own recognizance, unless it finds that release will not reasonably assure the principal's return to court; the court must consider the kind and degree of control or restriction necessary to reasonably assure the principal's return to court. Monetary bail or remand is available only for a 'qualifying offense' listed in § 510.10(4) (for example, any crime alleged to have caused the death of another person); for a qualifying offense the court may release on recognizance or non-monetary conditions, fix bail, or (for a felony) commit the principal to the sheriff. When monetary bail is authorized, the court must consider the principal's individual financial circumstances. If the principal is financially unable to obtain counsel, counsel shall be assigned. N.Y. Crim. Proc. Law § 510.10 What happens after an arrest.
Can a conviction for organized retail theft be removed from my record in New York?
Each state sets its own rules for sealing or expunging records. See New York expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.