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Elements of Retail Theft in Alabama

WAYS THE CRIME OF RETAIL THEFT IS COMMITTED

A person commits the crime of retail theft if, with the intent to obtain or exert unauthorized control over retail merchandise from a retail merchant, retail establishment, or premises of a retail establishment, or with the intent to deprive the owner or retail merchant of his or her retail merchandise of all or some part of the value thereof or without paying for the retail merchandise, he or she knowingly does any of the following:

 (1) Conceals upon his or her person or in another manner and takes possession of two or more retail merchandise items of the retail establishment.

(2) Alters, transfers, or removes the label, price tag, marking, indicia of value, or any other and purchases, or attempts to purchase, the merchandise at less than its value.

(3) Transfers retail merchandise in a retail establishment from one container to another with the intent to purchase the merchandise at less than its retail value.

(4) Causes the cash register or other sales recording device to reflect less than the retail value of intent to purchase the merchandise at less than its retail value.

(5) Fails to scan the barcode and pay for retail merchandise at a cash register or seif-checkout register.

 (6) Causes the amount paid to be less than the retail merchant's stated price for the retail merchandise.

 (7) Alters, bypasses, disables, shields, or removes any security or alarm device attached to or housing retail merchandise before purchasing the merchandise.

(8) Removes or causes the removal of retail merchandise from the premises of a retail establishment.

(9) Collaborates with an employee of the retail establishment to commit any form of retail theft.

If you wish to review the actual law, it is printed below:

 

Section 13A-8-226 - Organized retail theft; elements

(a) A person commits the crime of organized retail theft when the person, in association

with one or more other persons, knowingly does any of the following:

(1) Organizes, supervises, finances, participates, directs, solicits, or otherwise manages

or assists another person in committing organized retail theft.

(2) Removes, destroys, deactivates, or knowingly evades any component of an

antishoplifting or inventory control device to prevent the activation of that device or to

facilitate another person in committing organized retail theft.

(3) Attempts, solicits or conspires with another person to commit organized retail theft.

(4) Receives, purchases, or possesses retail merchandise for sale or resale knowing or

believing the retail merchandise to be stolen is from a retail merchant.

(5) Uses any fraud, artifice, instrument, container, device, or other article to facilitate the

commission of organized retail theft.

(6) Remains unlawfully inside a retail establishment after business hours, with the intent

to commit a retail theft therein.

(7) Uses a wireless telecommunication device or other digital or electronic device to

facilitate the theft of retail merchandise.

(8) Uses a rental or stolen motor vehicle or vehicle of another In the course of

committing retail theft for the concealment of his or her Identity.

(9) Receives, retains, or disposes of retail merchandise knowing that It has been stolen

or having reasonable grounds to believe It has been stolen.

(b)

(1) Theft of one or more Items of retail merchandise, the aggregate value of which

exceeds two thousand five hundred dollars ($2,500) In retail value during a one-year or

longer period constitutes organized retail theft.

(2) Theft of retail merchandise consisting of one or more Items of retail merchandise

during 180 days, the aggregate value of which Is one thousand dollars ($1,000)

or more constitutes organized retail theft.

(3) Theft or retail merchandise consisting of one or more Items of retail merchandise

during 30 days, the aggregate value of which Is five hundred dollars ($500) or

more constitutes organized retail theft.

(c) It shall be prima facie evidence that a person who violates this section acts

knowingly when any of the following apply:

(1) On two or more separate occasions within a year prior to the commission of the

In the instant offense of organized retail theft, the person Is found In possession or control of

stolen retail merchandise.

(2) The person possesses retail merchandise that has been recently stolen.

(3) The person regularly buys, sells, uses, or handles in the course of business retail

merchandise of the sort received and acquired the retail merchandise without making

the reasonable inquiry whether the individual selling or delivering the retail merchandise to

he or she had a legal right to do so.

(d) The fact that the person or persons who acted in association with the person

charged under this article have not been charged, convicted, apprehended, or identified

is not a defense to a charge of organized retail theft.

(e) Organized retail theft is a Class B felony.

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