S.B. 219
- *SB219*
SENATE BILL NO. 219–SENATOR ELLISON
FEBRUARY 19, 2025
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Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to organized retail theft.
(BDR 15-727)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to crimes; increasing the penalty for organized
retail theft under certain circumstances; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that a person who participates in organized retail theft is 1
guilty of a category B felony, punishable by imprisonment for a minimum term of 2
not less than 2 years and a maximum term of not more than 15 years, and by a fine 3
of not more than $20,000, if the aggregated value of the property or services 4
involved in all thefts committed during a period of 120 days is $10,000 or more. 5
(NRS 205.08345) Section 1 of this bill increases the penalty for organized retail 6
theft if the aggregated value of the property or services involved in all thefts 7
committed during the prescribed period is $50,000 or more by providing that a 8
person found guilty of such an offense must be punished by: (1) imprisonment for a 9
minimum term of not less than 3 years and a maximum term of not more than 20 10
years; and (2) a fine of not more than $30,000. 11
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205.08345 is hereby amended to read as 1
follows: 2
205.08345 1. A person who knowingly participates directly 3
or indirectly in or engages in conduct with the intent to further an 4
organized retail theft is guilty of a category B felony and shall be 5
punished by imprisonment in the state prison for: 6
(a) If the aggregated value of the property or services involved 7
in all thefts committed in the organized retail theft in this State 8
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during a period of 120 days is at least $3,500 but less than $10,000, 1
a minimum term of not less than 1 year and a maximum term of not 2
more than 10 years, and by a fine of not more than $10,000. 3
(b) If the aggregated value of the property or services involved 4
in all thefts committed in the organized retail theft in this State 5
during a period of 120 days is at least $10,000 [or more,] but less 6
than $50,000, a minimum term of not less than 2 years and a 7
maximum term of not more than 15 years, and by a fine of not more 8
than $20,000. 9
(c) If the aggregated value of the property or services involved 10
in all thefts committed in the organized retail theft in this State 11
during a period of 120 days is $50,000 or more, a minimum term 12
of not less than 3 years and a maximum term of not more than 20 13
years, and by a fine of not more than $30,000. 14
2. In addition to any other penalty, the court shall order a 15
person who violates this section to pay restitution. 16
3. For the purposes of this section, in determining the 17
aggregated value of the property or services involved in all thefts 18
committed in the organized retail theft in this State during a period 19
of 120 days: 20
(a) The amount involved in a single theft shall be deemed to be 21
the highest value, by any reasonable standard, of the property or 22
services which are obtained; and 23
(b) The amounts involved in all thefts committed by all 24
participants in the organized retail theft must be aggregated. 25
4. In any prosecution for a violation of this section, the 26
violation shall be deemed to have been committed and may be 27
prosecuted in any jurisdiction in this State in which any theft 28
committed by any participant in the organized retail theft was 29
committed, regardless of whether the defendant was ever physically 30
present in that jurisdiction. 31
5. The Attorney General may investigate and prosecute a 32
violation of this section and any other statute violated in the course 33
of committing a violation of this section. 34
6. As used in this section: 35
(a) “Internet or network site” has the meaning ascribed to it in 36
NRS 205.4744. 37
(b) “Merchant” has the meaning ascribed to it in NRS 597.850. 38
(c) “Organized retail theft” means committing, either alone or 39
with any other person or persons, a series of thefts of retail 40
merchandise against one or more merchants, either on the premises 41
of a merchant or through the use of an Internet or network site, in 42
this State with the intent to: 43
(1) Return the merchandise to the merchant for value; or 44
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(2) Resell, trade or barter the merchandise for value in any 1
manner, including, without limitation, through the use of an Internet 2
or network site. 3
Sec. 2. This act becomes effective upon passage and approval. 4
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