Criminal Offenses

Plain English Breakdown

The official source does not provide specific penalties for each new offense added by this bill, leaving some uncertainty about the exact punishments.

Changes to Organized Retail Crime Laws

This bill changes Tennessee's laws on organized retail crime by extending the timeframe for theft and adding new ways people can commit this crime.

What This Bill Does

• Extends the timeframe from 90 days to 180 days for aggregating stolen merchandise worth over $1,000 with intent to sell or return fraudulently.
• Adds actions like removing anti-theft devices and using social media to coordinate sales of stolen goods as new ways to commit organized retail crime.
• Requires possession of 10 or more fraudulently obtained access devices, including gift cards, with the intent to defraud another as an offense.

Who It Names or Affects

• People who commit organized retail crimes, including those involved in theft and using social media for illegal activities.
• Retail merchants affected by fraudulent returns and stolen merchandise.

Terms To Know

Access Devices

Items like cards, codes, or numbers used to get money, goods, services, or other valuable things.

Limits and Unknowns

• The bill does not specify how the changes will be enforced.
• It is unclear if there are specific penalties for each new offense added by this bill.

Official Summary Text

Present law provides that a person commits the offense of organized retail crime when the person (i) a
cts in concert with one or more individuals to commit theft of any merchandise with a value greater than $1,000 aggregated over a 90-day period with the intent to sell, barter, or trade the merchandise for monetary or other gain or fraudulently return the

merchandise to a retail merchant, or (ii) receives, possesses, sells, or purchases, by physical or electronic means, any merchandise or stored value cards obtained from a fraudulent return with the knowledge that the property was obtained in violation of
p
resent law provisions of theft. This bill removes the "aggregated over a 90-day period" language and, instead, provides "aggregated over a 180-day period".

This bill adds that a person also commits the offense of organized retail crime when the person
does any of the following:



Knowingly removes, destroys, deactivates, or evades any component of an anti-shoplifting or inventory control device to prevent the activation of that device or to facilitate the commission of an offense under this bill.



Knowingly activates or interferes with a fire alarm system during the commission of an offense under this bill or to facilitate the commission of an offense under this bill.



Knowingly uses an online marketplace or a social media platform to coordinate a meeting with one or more individuals to sell, barter, or trade stolen merchandise for monetary or other gain.



Knowingly returns stolen merchandise or counterfeit merchandise to a retail merchant.



Receives, purchases, or possesses retail merchandise for the purpose of sale or resale knowing or believing the merchandise to be stolen from a merchant.



Knowingly uses any artifice, instrument, container, device, or other article to facilitate the commission of an offense under this bill.



Knowingly uses a device or apparatus, including, but not limited to, a device or apparatus that can be affixed to point-of-sale terminals, automated teller machines, fuel pumps, and other payment processing devices, unlawfully to capture, record, or transmit the electronic information contained on the magnetic strip or embedded chip of a credit card, debit card, or other payment device with the intent to defraud another.



Knowingly possesses, controls, or has custody of 10 or more fraudulently obtained access devices, including gift cards, with the intent to defraud another. As used in this bill, "access devices" means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or other thing of value, whether the device is physical or digital.

This bill requires a violation of any of the prohibited conduct described above in present law and this bill to be punished one classification higher than provided under present law, if the defendant engages in the destruction of property or uses a weapon

during the commission of the offense.

ON MARCH 10, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 207, AS AMENDED.

AMENDMENT #1 removes the provision that altered "
aggregated over a 90-day period"
to
"aggregated over a 180-day period"
in r
elation to the
offense of organized retail crime whe
re
the person acts in concert with one or more individuals to commit theft of any merchandise with a value greater than $1,000 aggregated over a 90-day period with the intent to sell, barter, or trade the
merchandise for monetary or other gain or fraudulently return the merchandise to a retail merchant
.

Current Bill Text

SENATE BILL 240
By Taylor

HOUSE BILL 207
By Zachary

HB0207
001172
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39,
Chapter 14, relative to organized retail crime.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-14-113(c)(1), is amended by
deleting "aggregated over a ninety-day period" and substituting "aggregated over a one-
hundred-eighty-day period".
SECTION 2. Tennessee Code Annotated, Section 39-14-113(c), is amended by adding
the following as new subdivisions:
(3) Knowingly removes, destroys, deactivates, or evades any component of an
anti-shoplifting or inventory control device to prevent the activation of that device or to
facilitate the commission of an offense under this subsection (c);
(4) Knowingly activates or interferes with a fire alarm system during the
commission of an offense under this subsection (c) or to facilitate the commission of an
offense under this subsection (c);
(5) Knowingly uses an online marketplace or a social media platform to
coordinate a meeting with one (1) or more individuals to sell, barter, or trade stolen
merchandise for monetary or other gain;
(6) Knowingly returns stolen merchandise or counterfeit merchandise to a retail
merchant;
(7) Receives, purchases, or possesses retail merchandise for the purpose of
sale or resale knowing or believing the merchandise to be stolen from a merchant;

- 2 - 001172

(8) Knowingly uses any artifice, instrument, container, device, or other article to
facilitate the commission of an offense under this subsection (c);
(9) Knowingly uses a device or apparatus, including, but not limited to, a device
or apparatus that can be affixed to point-of-sale terminals, automated teller machines,
fuel pumps, and other payment processing devices, unlawfully to capture, record, or
transmit the electronic information contained on the magnetic strip or embedded chip of
a credit card, debit card, or other payment device with the intent to defraud another; or
(10) Knowingly possesses, controls, or has custody of ten (10) or more
fraudulently obtained access devices, including gift cards, with the intent to defraud
another. As used in this subdivision (c)(10), "access devices" means any card, plate,
code, account number, electronic serial number, mobile identification number, personal
identification number, or other means of account access that can be used, alone or in
conjunction with another access device, to obtain money, goods, services, or other thing
of value, whether the device is physical or digital.
SECTION 3. Tennessee Code Annotated, Section 39-14-113(d), is amended by adding
the following as a new subdivision:
(3) A violation of subsection (c) is punished one (1) classification higher than
provided in § 39-14-105 if the defendant engages in the destruction of property or uses a
weapon during the commission of the offense.
SECTION 4. This act takes effect July 1, 2025, the public welfare requiring it.