According to the National Conference of State Legislatures, over 20 states have enacted laws to address organized retail theft. Virginia is one of them. In July 2023, a new law on Organized Retail Crime took effect, making it a Class 3 felony to conspire or act in concert with one or more individuals to steal retail goods worth over $5,000 within a 90-day period, with the intention of selling them for profit.
The law was passed during a time when groups of thieves were brazenly stealing bags of goods from businesses across the nation. As of 2025, the law remains in effect despite efforts to repeal it.
What Is the Law?
Many Virginia criminal defense lawyers are taking on clients who have been charged under the new organized retail theft law. Code § 18.2-103.1 defines it as larceny with intent to sell the property to a fence or another person, or possession of unlawfully obtained property with the intent to do the same. Violation of this law is punishable as a Class 3 felony. Those convicted of it can face imprisonment of five to 20 years and a fine of up to $100,000.
Why Was It Repealed, and Why Did It Fail?
Many criminal justice advocates and some Democrats opposed the bill, stating that it could affect people who were stealing to survive, including homeless people, those with low incomes, and people struggling with addiction.
It’s also believed that claims made about retail theft reaching crisis levels had been exaggerated. It’s not known whether the problem has been worsening in recent years. According to the Office of the Attorney General, figures from the National Retail Federation indicate that losses from organized retail crime range from $700,000 to $1 billion in Virginia and $30 billion annually across the United States.
A move to repeal the law was defeated in early 2024 after members of a House subcommittee opted to send the bill to the Virginia State Crime Commission for further study. The lead sponsor of the bill, Del. Fernando Martinez, requested that the repeal bill be sent to the crime commission because its effectiveness was not yet apparent after having only been in effect for six months at that time.
Which Other States Have ORC Laws?
Virginia isn’t the only state to pass an ORC law. In fact, at least 35 states have some form of the law or have strengthened their existing laws with some elements of one. In most cases, these laws provide prosecutors with additional tools to pursue offenders, such as increased penalties and the establishment of ORC task forces. Standard provisions in ORC laws include:
- Allowing prosecutors to consolidate multiple thefts to increase the severity of charges
- Establishing task forces to dismantle large-scale retail theft rings
- Harsher penalties for repeat offenders, organized theft groups, and violent acts
- Prohibiting the use of social media to sell stolen goods
- Requiring restitution – offenders have to pay back victims for the value of the goods they stole
While there have been efforts to repeal the Organized Retail Crime law in Virginia, they have been unsuccessful. It remains in place as of late 2025. This means that individuals found guilty of organized retail crime can face imprisonment for up to two decades and fines of up to $100,000.
