South Carolina § 16-13-135 - Organized retail crime; penalties.

§ 16-13-135. Organized retail crime; penalties.

(A) As used in this section:

(1) "Organized retail crime" means two or more people conspiring to commit theft of retail property from a retail establishment with the intent to sell, barter, exchange, or reenter such retail property into commerce for monetary or other gain.

(2) "Retail property" means an article, merchandise, property, money or negotiable documents including gift cards or other forms of credit, products, commodities, items, or components intended to be sold in retail commerce.

(3) "Retail property fence" means a person or business that buys retail property knowing or believing that the retail property is stolen.

(4) "Theft" means to take possession of, carry away, transfer, or cause to be carried away the retail property of another with the intent to deprive the merchant of the possession, use, benefit, and value of the retail property.

(5) "Value" means the retail value of an item as offered for sale to the public by the affected retail establishment and includes all applicable taxes.

(B) It is unlawful for a person to:

(1) commit organized retail crime, with a value exceeding two thousand dollars aggregated over a ninety-day period, with the intent to cause the retail property to be placed in the control of a retail property fence or other person in exchange for consideration; or

(2) receive, possess, or sell retail property that has been taken or stolen in violation of item (1) while knowing or having reasonable grounds to believe the property is stolen. A person is guilty of this offense whether or not anyone is convicted of the property theft.

(C) Acts committed in different counties that have been aggregated in one count may be indicted and prosecuted in any one of the counties in which the acts occurred. In a prosecution for a violation of this section, the State is not required to establish and it is not a defense that some of the acts constituting the crime did not occur within one city, county, or local jurisdiction. However, nothing in this subsection may be interpreted to allow a circuit solicitor or persons in the circuit solicitor's employ to prosecute cases outside of the circuit where the circuit solicitor was elected without the consent of the Attorney General.

(D) Property, funds, and interest a person has acquired or maintained in violation of this section are subject to forfeiture pursuant to the procedures for forfeiture as provided in Section 44-53-530.

(E) A person who violates this section commits the offense of organized retail crime, and:

(1) for a first offense:

(a) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years, or both, if the value of the retail property is more than two thousand dollars but less than ten thousand dollars;

(b) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than five years, or both, if the value of the retail property is more than ten thousand dollars but less than twenty thousand dollars;

(c) is guilty of a felony and, upon conviction, must be fined not more than twenty thousand dollars or imprisoned for not more than ten years, or both, if the value of the retail property is more than twenty thousand dollars but less than fifty thousand dollars;

(d) is guilty of a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned for not more than twenty years, or both, if the value of the retail property is more than fifty thousand dollars;

(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, regardless of the value of the retail property in any offense, must be fined not more than fifty thousand dollars or imprisoned for not more than twenty years, or both;

(3) for purposes of this section, multiple offenses occurring within a ninety-day period may be aggregated into a single count with the aggregated value used to determine the total value of the property;

(4) organized retail crime is a lesser-included offense of organized retail crime of an aggravated nature as provided in subsection (F).

(F)(1) A person commits the offense of organized retail crime of an aggravated nature if, while committing the offense of organized retail crime, the person wilfully and maliciously:

(a) damages, destroys, or defaces real or personal property in excess of two thousand dollars; or

(b) causes moderate bodily injury or great bodily injury to another person. "Moderate bodily injury" and "great bodily injury" have the same meanings as defined in Section 16-3-600.

(2) A person convicted of organized retail crime of an aggravated nature is guilty of a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than fifteen years, or both.

HISTORY: 2013 Act No. 82, SECTION 2, eff June 13, 2013; 2025 Act No. 1 (H.3523), SECTION 1, eff March 7, 2025.

Effect of Amendment

2025 Act No. 1, SECTION 1, rewrote the section.