HOUSE BILL 55

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

William "Bill" R. Rehm and Joshua N. Hernandez and

Randall T. Pettigrew and Stefani Lord and Andrea Reeb

 

 

 

AN ACT

RELATING TO CRIME; CREATING THE CRIME OF ORGANIZED RETAIL CRIME; IMPOSING PENALTIES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 30, Article 16 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ORGANIZED RETAIL CRIME--PENALTIES.--

          A. Organized retail crime consists of one or more of the following acts committed as part of a concerted effort with one or more coconspirators or a coordinated plan to deprive a retailer of merchandise on two or more occasions or deprive multiple retailers located in the state of merchandise over the span of one year:

                (1) willfully taking possession of merchandise with the intention of converting the merchandise without paying for the merchandise;

                (2) willfully concealing merchandise with the intention of converting the merchandise without paying for the merchandise;

                (3) willfully altering a label, price tag or marking upon merchandise with the intention of depriving the retailer of all or some part of the value of the merchandise; or

                (4) willfully transferring merchandise from the container in or on which the merchandise is displayed to another container with the intention of depriving the retailer of all or some part of the value of the merchandise.

          B. Whoever commits organized retail crime when the aggregated value of the merchandise taken, concealed, altered or transferred is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.

          C. Whoever commits organized retail crime when the aggregated value of the merchandise taken, concealed, altered or transferred is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.

          D. Whoever commits organized retail crime when the aggregated value of the merchandise taken, concealed, altered or transferred is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.

          E. Whoever commits organized retail crime when the aggregated value of the merchandise taken, concealed, altered or transferred is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.

          F. Whoever commits organized retail crime when the aggregated value of the merchandise taken, concealed, altered or transferred is over twenty thousand dollars ($20,000) is guilty of a second degree felony.

          G. An individual charged with a violation of this section shall not be charged with a separate or additional offense arising out of the same transaction.

          H. As used in this section:

                (1) "aggregated value" means the total value of merchandise taken, concealed, altered or transferred from any retailer over the span of one calendar year; and

                (2) "retailer" means a person or business that sells goods to the public for use or consumption rather than for resale."

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