§ 22–3211.01. Directing organized retail theft.

*NOTE: This section was created by emergency legislation that will expire on June 6, 2024.*

(a) For the purpose of this section, the term "organized retail theft" means acting in concert with one or more other persons to commit theft, as described in § 22-3211, of any merchandise with a value greater than $1,000 aggregated over a 90-day period with the intent to:

(1) Sell, barter, or trade the merchandise for monetary or other gain; or

(2) Fraudulently return the merchandise to a retail merchant.

(b) A person commits the offense of directing organized retail theft if any person acts as an organizer by recruiting, directing, or coercing individuals to commit organized retail theft.

(c) A person who violates this section shall be guilty of a felony and, upon conviction, shall be fined no more than the amount set forth in § 22-3571.01, incarcerated for no more than 15 years, or both.

(d)(1) A conviction for directing organized retail theft merges with any other conviction for being an accomplice to theft under § 22-3211, an accomplice to shoplifting under § 22-3213, or an accomplice to burglary under § 22-801, or for criminal conspiracy under § 22-1805a, arising from the same act or course of conduct.

(2) For a person found guilty of 2 or more offenses that merge under this subsection, the sentencing court shall either:

(A) Vacate all but one of the offenses prior to sentencing according to the rule of priority in paragraph (3) of this subsection; or

(B) Enter judgment and sentence the actor for offenses that merge; provided, that:

(i) Sentences for the offenses run concurrent to one another; and

(ii) The convictions for all but, at most, one of the offenses shall be vacated after:

(I) The time for appeal has expired; or

(II) The judgment that was appealed has been decided.

(3) When convictions are vacated under paragraph (2)(A) of this subsection, the conviction that remains shall be the conviction for:

(A) The offense with the highest authorized maximum period of incarceration; or

(B) If 2 or more offenses have the same highest authorized maximum period of incarceration, any offense that the sentencing court deems appropriate.