Organized Retail Theft: Texas Penal Code §31.16

The Texas Organized Retail Theft law gives police the right to arrest you if they believe you operated as a “fence” for the theft of retail merchandise, meaning that you facilitated any activities in which you received, possessed, concealed, stored, bartered, sold, or disposed of stolen merchandise or merchandise explicitly represented to you as being stolen.

The Texas legislature codified this criminal offense in Texas Penal Code Section 31.16. The legislature did not update this law in 2023. In fact, this law has not been amended since 2015, when the penalty classification scheme was updated.

The Penal Code codifies the Texas Organized Retail Theft law under Title 7 “Offenses Against Property,” Chapter 31 “Theft.” Learn more about the Texas offense of Organized Retail Theft below.

What is the current Texas law about Organized Retail Theft?

The current Texas law defines the offense of Organized Retail Theft in Penal Code Section §31.16 as follows:^[1]

(b) A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of:

(1) stolen retail merchandise; or

(2) merchandise explicitly represented to the person as being stolen retail merchandise.

How can I be charged with an Organized Retail Theft offense in Texas?

You can be charged with Organized Retail Theft in Texas if the state’s attorneys believe that each of the elements of 31.16(b) as described in the section above have been met.

What is the statute of limitation for Organized Retail Theft in Texas?

Misdemeanor level Organized Retail Theft charges have a two-year limitations period.^[2] Felony-level offenses have a three-year limitations period.^[3]

What is the penalty for a Texas Organized Retail Theft offense?

If the total value of merchandise involved in the theft is less than $100 then a conviction for Organized Retail Theft in Texas is punished as a Class C misdemeanor,^[4] with a maximum possible fine under Texas state law of up to $500.

If the total value of merchandise involved in the theft is $100 or more but less than $750 then a conviction for Organized Retail Theft in Texas is punished as a Class B misdemeanor,^[5] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days.

If the total value of merchandise involved in the theft is $750 or more but less than $2,500 then a conviction for Organized Retail Theft in Texas is punished as a Class A misdemeanor,^[6] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

If the total value of merchandise involved in the theft is $2,500 or more but less than $30,000 then a conviction for Organized Retail Theft in Texas is punished as a State Jail Felony,^[7] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years.

If the total value of merchandise involved in the theft is $30,000 or more but less than $150,000 then a conviction for Organized Retail Theft in Texas is punished as a Felony of the Third Degree,^[8] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

If the total value of merchandise involved in the theft is $150,000 or more but less than $300,000 then a conviction for Organized Retail Theft in Texas is punished as a Felony of the Second Degree,^[9] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years.

If the total value of merchandise involved in the theft is $300,000 then a conviction for Organized Retail Theft in Texas is punished as a Felony of the Second Degree,^[10] with a maximum possible fine under Texas state law of up to $10,000 and up to life in prison. Learn about the differences between grades of felonies and misdemeanors here.

Can you get probation for Organized Retail Theft in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Organized Retail Theft, and judges are also allowed to accept deferred adjudication plea deals.^[11]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[12] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[13]

What level of crime is Organized Retail Theft in Texas?

The Penal Code classification of the punishment for Organized Retail Theft ranges from a Class C misdemeanor to a first degree felony, depending on the value of the merchanise involved and other circumstances.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §31.16. This law is current as of the 88th Legislature Regular Session.^2. Code of Criminal Procedure 12.02(a)^3. See Code of Criminal Procedure 12.01(9)^4. Texas Penal Code §31.16(c)(1)^5. Texas Penal Code §31.16(c)(2)^6. Texas Penal Code §31.16(c)(3)^7. Texas Penal Code §31.16(c)(4)^8. Texas Penal Code §31.16(c)(5)^9. Texas Penal Code §31.16(c)(6)^10. Texas Penal Code §31.16(c)(7)^11. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^12 Art. 42A.053(c), Texas Code of Criminal Procedure^13. Art. 42A.054(b), Texas Code of Criminal Procedure