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Organized Retail Theft in Ohio

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

Short answer: Yes. Organized theft of retail property (since April 9, 2025) covers stealing retail property worth $7,500 or more from stores, manufacturers, distributors or cargo units to pass to a 'retail property fence' or to sell, exchange or return for value; R.C. 2913.08

Organized retail theftYes. Organized theft of retail property (since April 9, 2025) covers stealing retail property worth $7,500 or more from stores, manufacturers, distributors or cargo units to pass to a 'retail property fence' or to sell, exchange or return for value; receiving or holding such property as part of an enterprise; stealing it as an agent of an enterprise under an organized plan; and recruiting, directing or financing such an enterprise. Values from all retail establishments within any 12-month period are added together. It is a third-degree felony under $750,000, a second-degree felony from $750,000 to under $1.5 million, and a first-degree felony at $1.5 million or more; for a third-degree offense, a prior organized retail theft or recent felony theft conviction creates a presumption of prison, and two or more priors require a mandatory prison term.
Enacted by H.B. 366 (135th G.A.), effective April 9, 2025. Penalties (R.C. 2929.14, 2929.18, 2929.24, 2929.28): first-degree felony 3-11 year minimum (indefinite) and up to $20,000; second degree 2-8 year minimum and up to $15,000; third degree 9-36 months (12-60 for listed offenses) and up to $10,000; fourth degree 6-18 months and up to $5,000; fifth degree 6-12 months and up to $2,500; first-degree misdemeanor up to 180 days and $1,000; third-degree misdemeanor up to 60 days and $500; fourth-degree misdemeanor up to 30 days and $250.
Source: R.C. 2913.08

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FAQ

What is organized retail theft in Ohio?
Yes. Organized theft of retail property (since April 9, 2025) covers stealing retail property worth $7,500 or more from stores, manufacturers, distributors or cargo units to pass to a 'retail property fence' or to sell, exchange or return for value; receiving or holding such property as part of an enterprise; stealing it as an agent of an enterprise under an organized plan; and recruiting, directing or financing such an enterprise. Values from all retail establishments within any 12-month period are added together. It is a third-degree felony under $750,000, a second-degree felony from $750,000 to under $1.5 million, and a first-degree felony at $1.5 million or more; for a third-degree offense, a prior organized retail theft or recent felony theft conviction creates a presumption of prison, and two or more priors require a mandatory prison term.
Can I get a court-appointed lawyer for organized retail theft in Ohio?
Ohio's rule on court-appointed lawyers: Under Ohio Public Defender rules, an applicant whose gross income is at or below 187.5% of the federal poverty level is presumed indigent; an applicant above that may still qualify if net income after basic living expenses is at or below 125% of the poverty level or if the applicant cannot afford qualified counsel. Applicants are presumed indigent if they receive poverty-based public assistance (such as SSI, Medicaid, or SNAP), are committed to a public mental health facility, are incarcerated in a state penitentiary, or are a child. Liquid-asset limits depend on the most serious charge (for example $2,000 for a misdemeanor and $8,000 for a first- or second-degree felony), but exceeding the limits does not automatically bar appointment, and posting bail does not disqualify an applicant. A person applying for court-appointed counsel or public defender services must pay a non-refundable application fee of twenty-five dollars to the clerk of court (at filing of the financial disclosure form or within seven days); the court may waive or reduce it if the person lacks sufficient financial resources or payment would cause undue hardship. Ohio Adm.Code 120-1-03; R.C. 120.36
How much does a lawyer for organized retail theft cost in Ohio?
Lawyers set their own fees, and Ohio has rules on how they may charge. See hiring a criminal defense lawyer in Ohio for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for organized retail theft in Ohio?
How release before trial works in Ohio: All persons shall be bailable by sufficient sureties, except a person charged with a capital offense where the proof is evident or the presumption great, and a person charged with a felony where the proof is evident or the presumption great and the person poses a substantial risk of serious physical harm to any person or to the community. Excessive bail shall not be required. When setting the amount of bail, the court shall consider public safety, including the seriousness of the offense, and a person's criminal record, the likelihood a person will return to court, and any other factor the General Assembly may prescribe. By statute, a judge may deny bail to a person charged with aggravated murder (non-capital), murder, a first- or second-degree felony, and certain other listed offenses only after a hearing at which the state proves by clear and convincing evidence that the proof is evident or the presumption great, that the accused poses a substantial risk of serious physical harm to any person or the community, and that no release conditions will reasonably assure safety; continuances are limited to three court days for the state and five court days for the accused unless waived. Ohio Const. art. I, § 9; R.C. 2937.222 What happens after an arrest.
Can a conviction for organized retail theft be removed from my record in Ohio?
Each state sets its own rules for sealing or expunging records. See Ohio 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.