Texas organized retail theft — Penal Code § 31.16
Texas organized retail theft is a criminal offense under Penal Code § 31.16. Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Classification: Class B misdemeanor to first-degree felony (value-tiered)
Punishment range: Class B (180 days + $2,000) under $100; Class A (1 yr + $4,000) $100–$750; state jail felony (180 days–2 yrs + $10,000) $750–$2,500; third-degree (2–10 + $10,000) $2,500–$30,000; second-degree (2–20 + $10,000) $30,000–$150,000; first-degree (5–99 + $10,000) $150,000+
The controlling statute
Texas Penal Code § 31.16 — Organized Retail Theft — targets the coordinated shoplifting and fencing networks that drive billions in retailer losses. The statute punishes anyone who intentionally conducts, promotes, or facilitates an activity in which retail merchandise is stolen and then resold or distributed. Unlike ordinary theft, the value tiers start one step higher, with the offense becoming a Class B misdemeanor at any dollar amount and felony exposure at $750. Aggregation rules allow combining merchandise from many incidents.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 31.16 |
| Cluster | Theft & Property |
| Classification | Class B misdemeanor to first-degree felony (value-tiered) |
| Range | Class B (180 days + $2,000) under $100; Class A (1 yr + $4,000) $100–$750; state jail felony (180 days–2 yrs + $10,000) $750–$2,500; third-degree (2–10 + $10,000) $2,500–$30,000; second-degree (2–20 + $10,000) $30,000–$150,000; first-degree (5–99 + $10,000) $150,000+ |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 31.16 charge, the State must prove every element beyond a reasonable doubt:
- Defendant intentionally conducted, promoted, or facilitated an activity
- Involving the receipt, possession, or disposition of retail merchandise stolen from a retail establishment
- Defendant knew or should have known the merchandise was stolen
- Total value of merchandise involved meets the charged tier
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Organized Retail Theft case:
- Lack of knowledge that merchandise was stolen — legitimate-purchase defense
- No nexus to organized activity — solo shoplifting falls under § 31.03, not § 31.16
- Aggregation challenges — separate incidents may not be one continuing scheme under § 31.09
- Suppression of organized-crime task-force evidence obtained without proper warrant
- Identification challenges — surveillance often shows associates rather than defendant
- Lawful resale of authentic merchandise with documented sourcing
Enhancements & collateral consequences
When committed with three or more participants, charges often add § 71.02 (Engaging in Organized Criminal Activity), bumping the offense one degree higher. § 31.09 aggregation across stores, days, and participants is the prosecution's primary mechanism for reaching felony tiers. Schemes operating across county or state lines may trigger parallel federal prosecution under 18 U.S.C. § 2314 (Interstate Transportation of Stolen Property).
Key Legal Terms
- Retail Establishment (§ 31.16(a)(1))
- A place of business open to the public where merchandise is offered for retail sale; includes online retailer warehouses and brick-and-mortar stores.
- Aggregation (§ 31.09)
- Permits combining stolen-merchandise values from multiple incidents pursuant to one continuing scheme to reach a higher offense tier.
- Organized Criminal Activity (§ 71.02)
- Three or more persons collaborating in defined offenses including organized retail theft; conviction elevates classification one degree.
Frequently Asked Questions
How is organized retail theft different from shoplifting?
What if I just bought items from a stranger online?
Does ORT cover online resale of shoplifted goods?
Can I be charged with ORT for a single shoplifting incident?
Will civil demand letters from retailers add to my exposure?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
Charged with Organized Retail Theft? Talk to L and L Law Group.
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