Code of Virginia

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Code of Virginia
Title 18.2. Crimes and Offenses Generally
Chapter 5. Crimes Against Property

§ 18.2-103.1. Organized retail theft; penalty.

A. As used in this section:

"Retail mercantile establishment" means any place where merchandise is displayed, held, stored, or offered for sale to the public.

"Retail property" means any article, product, commodity, item, or component intended to be sold in retail commerce.

"Retail property fence" means a person or business that buys retail property knowing or believing that such retail property has been unlawfully obtained.

B. Any person who conspires or acts in concert with another person to commit simple larceny of retail property from one or more retail mercantile establishments, with a value exceeding $5,000 aggregated over a 90-day period, with the intent to sell such retail property for monetary or other gain, and who takes or causes such retail property to be placed in the control of a retail property fence or other person and either (i) receives or possesses any retail property that has been obtained by simple larceny from one or more retail mercantile establishments while knowing or having reasonable grounds to believe the property was unlawfully obtained or (ii) conspires or acts in concert with two or more other persons as an organizer, supervisor, financier, leader, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property obtained by simple larceny from one or more retail mercantile establishments is guilty of organized retail theft.

C. A violation of this section is punishable as a Class 3 felony.

D. Any larceny of retail property occurring in more than one county or city may be aggregated into an alleged violation of this section.

E. Venue for the trial of any person charged with an offense under this section may be in the county or city in which (i) any act was performed in furtherance of the offense or (ii) the person charged with the offense resided at the time of the offense.

2023, cc. 357, 358.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.