1. (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. (1) Sell, barter, or trade the merchandise for monetary or other gain; or
   2. (2) Fraudulently return the merchandise to a retail merchant.
2. (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.
3. (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.

4. (d)

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

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

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

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

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

            1. (I) The time for appeal has expired; or
            2. (II) The judgment that was appealed has been decided.

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

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

History

Dec. 1, 1982, D.C. Law 4-164, § 111a

Dec. 1, 1982, D.C. Law 4-164, § 111a

June 8, 2024, D.C. Law 25-175, § 23(a)

Emergency Legislation

For temporary (90 days) creation of this section, see § 18(a) of Secure DC Omnibus Emergency Amendment Act of 2024 (D.C. Act 25-410, Mar. 11, 2024, 71 DCR 2693).

For temporary (90 days) creation of this section, see § 18(a) of Secure DC Omnibus Congressional Review Emergency Amendment Act of 2024 (D.C. Act 25-490, June 7, 2024, 71 DCR 7006).