LBD15354-01-2
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THEFT AND UNREGULATED RESALE OF STOLEN RETAIL ITEMS, SUCH AS CONSUMABLE
AND HEALTH AND BEAUTY PRODUCTS, CAN PRESENT SUBSTANTIAL HEALTH, SAFETY
AND QUALITY CONCERNS FOR INDIVIDUAL CONSUMERS WHO PURCHASE THESE GOODS
UNAWARE THAT THEY ARE BEING OFFERED FOR SALE AS A RESULT OF AN ORGANIZED
RETAIL CRIME TRANSACTION.
(C) THE LEGISLATURE FURTHER FINDS AND DECLARES THAT THE STATE MUST
TAKE SERIOUS ACTION TO COMBAT THE ISSUE OF ORGANIZED RETAIL CRIME, AND
TO PREVENT ITS OCCURRENCE. THAT MEASURES MUST BE ENACTED IN BOTH THIS
ARTICLE AND THE PENAL LAW, TO DETER AND PUNISH SUCH BEHAVIOR, AND TO
PROMOTE A RETAIL ATMOSPHERE IN NEW YORK WHERE THIS TYPE OF CONDUCT WILL
NOT OCCUR. THROUGH THE ESTABLISHMENT OF SUCH MEASURES, IT IS THE INTEN-
TION OF THIS LEGISLATURE TO DETER AND PUNISH ORGANIZED RETAIL CRIME, AND
TO PROMOTE AND PROTECT THE HEALTH, SAFETY AND ECONOMIC AFFORDABILITY OF
NEW YORK'S CONSUMERS.
S 527-A. ORGANIZED RETAIL CRIME. (A) DEFINITIONS. FOR THE PURPOSES OF
THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "ACCESS DEVICE" SHALL MEAN ANY CARD, INCLUDING GIFT CARD, PLATE,
CODE, INCLUDING UNIVERSAL PRICE CODE LABEL, ACCOUNT NUMBER, ELECTRONIC
SERIAL NUMBER, MOBILE IDENTIFICATION NUMBER, PERSONAL IDENTIFICATION
NUMBER, OR OTHER TELECOMMUNICATIONS SERVICE, EQUIPMENT, OR INSTRUMENT
IDENTIFIER, INCLUDING A RADIO FREQUENCY IDENTIFICATION TRANSPONDER, OR
OTHER MEANS OF ACCOUNT ACCESS THAT CAN BE USED, ALONE OR IN CONJUNCTION
WITH ANOTHER ACCESS DEVICE, TO OBTAIN MONEY, GOODS, SERVICES, OR ANY
OTHER THING OF VALUE, OR THAT CAN BE USED TO INITIATE A TRANSFER OF
FUNDS (OTHER THAN A TRANSFER ORIGINATED SOLELY BY PAPER INSTRUMENT);
2. "ANTI-SHOPLIFTING OR INVENTORY CONTROL DEVICE COUNTERMEASURE" SHALL
MEAN ANY ITEM OR DEVICE WHICH IS DESIGNED, MANUFACTURED, MODIFIED, OR
ALTERED TO DEFEAT ANY ANTI-SHOPLIFTING OR INVENTORY CONTROL DEVICE;
3. "CONCEAL" SHALL MEAN TO HIDE, COVER, OR OTHERWISE DISGUISE MERCHAN-
DISE SO THAT, ALTHOUGH THERE MAY BE SOME NOTICE OF ITS PRESENCE, IT IS
NOT VISIBLE THROUGH ORDINARY OBSERVATION;
4. "CREDIT CARD SYSTEM NUMBER" SHALL MEAN A FINANCIAL INSTITUTION OR
OTHER ENTITY THAT IS A MEMBER OF A CREDIT CARD SYSTEM, INCLUDING AN
ENTITY, WHETHER AFFILIATED WITH OR IDENTICAL TO THE CREDIT CARD ISSUER,
THAT IS THE SOLE MEMBER OF A CREDIT CARD SYSTEM;
5. "COUNTERFEIT ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE THAT IS
COUNTERFEIT, FICTITIOUS, ALTERED, OR FORGED, OR AN IDENTIFIABLE COMPO-
NENT OF AN ACCESS DEVICE OR A COUNTERFEIT ACCESS DEVICE;
6. "DEVICE-MAKING EQUIPMENT" SHALL MEAN ANY EQUIPMENT, MECHANISM, OR
IMPRESSION DESIGNED OR PRIMARILY USED FOR MAKING AN UNAUTHORIZED ACCESS
DEVICE OR A COUNTERFEIT ACCESS DEVICE;
7. "FULL RETAIL VALUE" SHALL MEAN THE MERCHANT'S STATED OR ADVERTISED
PRICE OF THE MERCHANDISE;
8. "MERCHANDISE" SHALL MEAN ANY GOODS, CHATTELS, FOODSTUFFS OR WARES
OF ANY TYPE AND DESCRIPTION, REGARDLESS OF THE VALUE THEREOF;
9. "MERCHANT" SHALL MEAN ANY OWNER OR OPERATOR OF ANY STORE OR OTHER
RETAIL MERCANTILE ESTABLISHMENT, OR ANY AGENT, EMPLOYEE, LESSEE,
CONSIGNEE, OFFICER, DIRECTOR, FRANCHISEE, OR INDEPENDENT CONTRACTOR OF
SUCH OWNER OR PROPRIETOR;
10. "ORGANIZED RETAIL THEFT" SHALL MEAN (1) THE STEALING, EMBEZZLE-
MENT, OR OBTAINING BY FRAUD, FALSE PRETENSES, OR OTHER ILLEGAL MEANS, OF
RETAIL MERCHANDISE IN QUANTITIES THAT WOULD NOT NORMALLY BE PURCHASED
FOR PERSONAL USE OR CONSUMPTION FOR THE PURPOSE OF RESELLING OR OTHER-
WISE REENTERING SUCH RETAIL MERCHANDISE IN COMMERCE, OR (2) THE RECRUIT-
MENT OF PERSONS TO UNDERTAKE, OR THE COORDINATION, ORGANIZATION, OR
A. 10328 3
FACILITATION OF, SUCH STEALING, EMBEZZLEMENT, OR OBTAINING BY FRAUD,
FALSE PRETENSES, OR OTHER ILLEGAL MEANS;
11. "ORGANIZED RETAIL THEFT ENTERPRISE" SHALL MEAN ANY ASSOCIATION OF
TWO OR MORE PERSONS WHO ENGAGE IN THE CONDUCT OF OR ARE ASSOCIATED FOR
THE PURPOSE OF EFFECTUATING ORGANIZED RETAIL THEFT OR ANY OTHER TRANSFER
OR SALE OF SHOPLIFTED MERCHANDISE;
12. "PERSON" SHALL MEAN ANY INDIVIDUAL OR INDIVIDUALS, INCLUDING AN
AGENT, OR EMPLOYEE OF A MERCHANT WHERE THE FACTS OF THE SITUATION SO
REQUIRE;
13. "PREMISES OF A STORE OR RETAIL MERCANTILE ESTABLISHMENT" SHALL
MEAN AND INCLUDE BUT BE NOT LIMITED TO THE RETAIL MERCANTILE ESTABLISH-
MENT, ANY COMMON-USE AREAS IN SHOPPING CENTERS AND ALL PARKING AREAS SET
ASIDE BY A MERCHANT OR ON BEHALF OF A MERCHANT FOR THE PARKING OF VEHI-
CLES FOR THE CONVENIENCE OF THE PATRONS OF SUCH RETAIL MERCANTILE ESTAB-
LISHMENT;
14. "PRODUCE" SHALL MEAN DESIGN, ALTER, AUTHENTICATE, DUPLICATE, OR
ASSEMBLE;
15. "RETAIL SALES RECEIPT" SHALL MEAN ANY HANDWRITTEN OR MACHINE OR
COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY A RETAILER TO ACKNOWL-
EDGE PAYMENT RECEIVED BY A CUSTOMER;
16. "SHOPLIFTING" SHALL MEAN TO (1) PURPOSELY TAKE POSSESSION OF,
CARRY AWAY, TRANSFER OR CAUSE TO BE TRANSFERRED ANY MERCHANDISE
DISPLAYED, HELD, STORED, OR OFFERED FOR SALE BY ANY STORE OR OTHER
RETAIL MERCANTILE ESTABLISHMENT WITH THE INTENTION OF DEPRIVING THE
MERCHANT OF THE POSSESSION, USE OR BENEFIT OF SUCH MERCHANDISE OR
CONVERTING THE SAME TO THE USE OF SUCH PERSON WITHOUT PAYING TO THE
MERCHANT THE VALUE THEREOF; (2) PURPOSELY CONCEAL UPON HIS OR HER PERSON
OR OTHERWISE ANY MERCHANDISE OFFERED FOR SALE BY ANY STORE OR OTHER
RETAIL MERCANTILE ESTABLISHMENT WITH THE INTENTION OF DEPRIVING THE
MERCHANT OF THE PROCESSES, USE OR BENEFIT OF SUCH MERCHANDISE OR
CONVERTING THE SAME TO THE USE OF SUCH PERSON WITHOUT PAYING TO THE
MERCHANT THE FULL RETAIL VALUE THEREOF; (3) PURPOSELY AND WITH THE
INTENT TO DEFRAUD, TO ALTER, TRANSFER OR REMOVE ANY LABEL, PRICE TAG OR
MARKING INDICIA OF VALUE OR ANY OTHER MARKINGS WHICH AID IN DETERMINING
VALUE AFFIXED TO ANY MERCHANDISE DISPLAYED, HELD, STORED OR OFFERED FOR
SALE BY ANY STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT AND TO
ATTEMPT TO PURCHASE SUCH MERCHANDISE PERSONALLY OR IN CONSORT WITH
ANOTHER AT LESS THAN THE FULL RETAIL VALUE WITH THE INTENTION OF DEPRIV-
ING THE MERCHANT OF ALL OR SOME PART OF THE VALUE THEREOF; (4) PURPOSELY
TRANSFER ANY MERCHANDISE DISPLAYED, HELD, STORED OR OFFERED FOR SALE BY
ANY STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT FROM THE CONTAINER IN
OR ON WHICH THE SAME SHALL BE DISPLAYED TO ANY OTHER CONTAINER WITH
INTENT TO DEPRIVE THE MERCHANT OF ALL OR SOME PART OF THE RETAIL VALUE
THEREOF; OR (5) PURPOSELY UNDER-RING WITH THE INTENTION OF DEPRIVING THE
MERCHANT OF THE FULL RETAIL VALUE THEREOF;
17. "STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT" SHALL MEAN A
PLACE WHERE MERCHANDISE IS DISPLAYED, HELD, STORED, OR OFFERED TO THE
PUBLIC FOR SALE;
18. "TRAFFIC" SHALL MEAN TRANSFER, OR OTHERWISE DISPOSE OF, TO ANOTHER
IN A FRAUDULENT MANNER, OR OBTAIN CONTROL OF WITH INTENT TO FRAUDULENTLY
TRANSFER OR DISPOSE OF;
19. "UNAUTHORIZED ACCESS DEVICE" SHALL MEAN ANY ACCESS DEVICE THAT IS
LOST, STOLEN, EXPIRED, REVOKED, CANCELED, OR OBTAINED WITH INTENT TO
DEFRAUD;
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20. "UNDER-RING" SHALL MEAN TO CAUSE THE CASH REGISTER OR OTHER SALE
RECORDING DEVICE TO REFLECT LESS THAN THE FULL RETAIL VALUE OF THE
MERCHANDISE; AND
21. "UNIFORM PRODUCT CODE LABEL" SHALL MEAN ANY BAR CODE OR OTHER
CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRICING
INFORMATION AND OTHER RELATED INFORMATION USED BY A RETAILER AND READ BY
A COMPUTER AT POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING THE SALE
PRICE OF A GOOD.
(B) ORGANIZED RETAIL CRIME. THE PRACTICE OF ORGANIZED RETAIL CRIME,
INCLUDING ORGANIZED RETAIL THEFT, LEADING AN ORGANIZED RETAIL THEFT
ENTERPRISE, AND CRIMINAL PRACTICES WITH AN ACCESS DEVICE SHALL BE
PROHIBITED AND UNLAWFUL UNDER THIS ARTICLE AND PURSUANT TO ARTICLES ONE
HUNDRED FIFTY-FIVE AND ONE HUNDRED SIXTY-FIVE OF THE PENAL LAW.
S 527-B. ORGANIZED RETAIL THEFT WITH AGGREGATE VALUE OF ONE THOUSAND
DOLLARS OR MORE. A PERSON SHALL BE GUILTY OF ORGANIZED RETAIL THEFT
WHEN:
(A) THE PROPERTY IS STOLEN FROM A RETAIL MERCANTILE ESTABLISHMENT AS
DEFINED IN SECTION TWO HUNDRED SEVENTEEN OF THIS CHAPTER AND THE AGGRE-
GATED VALUE OF PRICE TAGS, STICKER TAGS, OR OTHERWISE ADVERTISED RETAIL
PRICES OF SUCH PROPERTY EXCEEDS ONE THOUSAND DOLLARS.
(B) THE PROPERTY IS STOLEN BY ONE PERSON, OR BY TWO OR MORE PERSONS
WORKING IN ASSOCIATION, FROM ONE OR MORE THAN ONE RETAIL MERCANTILE
ESTABLISHMENT AS DEFINED IN SECTION TWO HUNDRED SEVENTEEN OF THIS CHAP-
TER WITHIN A PERIOD OF THIRTY DAYS OR LESS BETWEEN THE FIRST AND SECOND
EPISODE, THE SECOND AND THIRD EPISODE, OR BETWEEN ANY SUCCEEDING
EPISODES, AND THE AGGREGATED VALUE OF PRICE TAGS, STICKER PRICES, OR
OTHERWISE ADVERTISED RETAIL PRICES OF SUCH PROPERTY EXCEEDS ONE THOUSAND
DOLLARS.
ORGANIZED RETAIL THEFT WITH AGGREGATE VALUE OF ONE THOUSAND DOLLARS OR
MORE SHALL BE A CLASS E FELONY.
S 2. Section 155.30 of the penal law is amended by adding two new
subdivisions 12 and 13 to read as follows:
12. THE PROPERTY IS STOLEN FROM A RETAIL MERCANTILE ESTABLISHMENT AS
DEFINED IN SECTION TWO HUNDRED SEVENTEEN OF THE GENERAL BUSINESS LAW AND
THE AGGREGATED VALUE OF PRICE TAGS, STICKER TAGS, OR OTHERWISE ADVER-
TISED RETAIL PRICES OF SUCH PROPERTY EXCEEDS ONE THOUSAND DOLLARS.
13. THE PROPERTY IS STOLEN BY ONE PERSON, OR BY TWO OR MORE PERSONS
WORKING IN ASSOCIATION, FROM ONE OR MORE THAN ONE RETAIL MERCANTILE
ESTABLISHMENT AS DEFINED IN SECTION TWO HUNDRED SEVENTEEN OF THE GENERAL
BUSINESS LAW WITHIN A PERIOD OF THIRTY DAYS OR LESS BETWEEN THE FIRST
AND SECOND EPISODE, THE SECOND AND THIRD EPISODE, OR BETWEEN ANY
SUCCEEDING EPISODES, AND THE AGGREGATED VALUE OF PRICE TAGS, STICKER
PRICES, OR OTHERWISE ADVERTISED RETAIL PRICES OF SUCH PROPERTY EXCEEDS
ONE THOUSAND DOLLARS.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.