A BILL TO BE ENTITLED
AN ACT to amend various larceny statutes and to create the criminal offenses of theft of infant formula and organized retail theft.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑72 reads as rewritten:
"§ 14‑72.  Larceny of property; receiving stolen goods or possessing stolen goods.
(a)	Larceny of goods of the value of more than one thousand dollars ($1,000) is a Class H felony. The receiving or possessing of stolen goods of the value of more than one thousand dollars ($1,000) while knowing or having reasonable grounds to believe that the goods are stolen is a Class H felony. Larceny as provided in subsection (b) of this section is a Class H felony. Receiving or possession of stolen goods as provided in subsection (c) of this section is a Class H felony. Except as provided in subsections (b) and (c) of this section, larceny of property, or the receiving or possession of stolen goods knowing or having reasonable grounds to believe them to be stolen, where the value of the property or goods is not more than one thousand dollars ($1,000), is a Class 1 misdemeanor. In all cases of doubt, the jury shall, in the verdict, fix the value of the property stolen.
(b)	Except as provided in sub‑subdivisions (6)d. and (6)e. of this subsection, the crime of larceny is a felony, without regard to the value of the property in question, if the larceny is any of the following:
(1)	From the person.
(2)	Committed pursuant to a violation of G.S. 14‑51, 14‑53, 14‑54, 14‑54.1, or 14‑57.
(3)	Of any explosive or incendiary device or substance. As used in this section, the phrase "explosive or incendiary device or substance" shall include any explosive or incendiary grenade or bomb; any dynamite, blasting powder, nitroglycerin, TNT, or other high explosive; or any device, ingredient for such device, or type or quantity of substance primarily useful for large‑scale destruction of property by explosive or incendiary action or lethal injury to persons by explosive or incendiary action. This definition shall not include fireworks; or any form, type, or quantity of gasoline, butane gas, natural gas, or any other substance having explosive or incendiary properties but serving a legitimate nondestructive or nonlethal use in the form, type, or quantity stolen.
(4)	Of any firearm. As used in this section, the term "firearm" shall include any instrument used in the propulsion of a shot, shell or bullet by the action of gunpowder or any other explosive substance within it. A "firearm," which at the time of theft is not capable of being fired, shall be included within this definition if it can be made to work. This definition shall not include air rifles or air pistols.
(5)	Of any record or paper in the custody of the North Carolina State Archives as defined by G.S. 121‑2(7) and G.S. 121‑2(8).
(6)	From any merchant:
a.	By using an exit door erected and maintained to comply with the requirements of 29 C.F.R. § 1910 Subpart E, upon which door has been placed a notice, sign, or poster providing information about the felony offense and punishment provided under this subsection, to exit the premises of a store. 
b.	By removing, destroying, or deactivating any component of an antishoplifting or inventory control device to prevent the activation of any antishoplifting or inventory control device. 
c.	By affixing a product code obtained or created by the person for the purpose of fraudulently obtaining goods or merchandise from a merchant at less than its actual sale price. 
d.	When the property is infant formula as defined in 21 U.S.C. § 321(z) valued in excess of one hundred dollars ($100.00). 
e.	When the value of the property is more than five hundred dollars ($500.00) and the larceny of the property is the result of a conspiracy between two or more individuals. 
(c)	The crime of possessing stolen goods knowing or having reasonable grounds to believe them to be stolen in the circumstances described in subsection (b) is a felony or the crime of receiving stolen goods knowing or having reasonable grounds to believe them to be stolen in the circumstances described in subsection (b) is a felony, without regard to the value of the property in question, except as provided in sub‑subdivisions (6)d. and (6)e. of subsection (b) of this section.
(d)	Where the larceny or receiving or possession of stolen goods as described in subsection (a) of this section involves the merchandise of any store, a merchant, a merchant's agent, a merchant's employee, or a peace officer who detains or causes the arrest of any person shall not be held civilly liable for detention, malicious prosecution, false imprisonment, or false arrest of the person detained or arrested, when such detention is upon the premises of the store or in a reasonable proximity thereto, is in a reasonable manner for a reasonable length of time, and, if in detaining or in causing the arrest of such person, the merchant, the merchant's agent, the merchant's employee, or the peace officer had, at the time of the detention or arrest, probable cause to believe that the person committed an offense under subsection (a) of this section. If the person being detained by the merchant, the merchant's agent, or the merchant's employee, is a minor under the age of 18 years, the merchant, the merchant's agent, or the merchant's employee, shall call or notify, or make a reasonable effort to call or notify the parent or guardian of the minor, during the period of detention. A merchant, a merchant's agent, or a merchant's employee, who makes a reasonable effort to call or notify the parent or guardian of the minor shall not be held civilly liable for failing to notify the parent or guardian of the minor."
SECTION 2.  Chapter 14 of the General Statutes is amended by adding a new Article to read:
"Article 16A.
"Organized Retail Theft.
"§ 14‑86.5.  Definitions.
The following definitions apply in this Article:
(1)	"Retail property". – Any new article, product, commodity, item, or component intended to be sold in retail commerce.
(2)	"Retail property fence". – A person or business that buys retail property knowing or believing that  retail property is stolen.
(3)	"Theft". – To take possession of, carry away, transfer, or cause to be carried away the retail property of another with the intent to steal the retail property.
(4)	"Value". – The retail value of an item as advertised by the affected retail establishment, to include all applicable taxes.
"§ 14‑86.6.  Organized retail theft.
(a)	Offense: Organized Retail Theft. – A person who conspires with another person to commit theft of retail property from a retail establishment, with a value exceeding one thousand five hundred dollars ($1,500) aggregated over a 90‑day period, with the intent to sell that retail property for monetary or other gain, and who takes or causes that retail property to be placed in the control of a retail property fence or other person in exchange for consideration is guilty of a Class G felony.
(b)	Offense:  Receiving and Possessing Retail Property Obtained by Organized Retail Theft. – A person who receives or possesses, with the intent to distribute, any retail property into interstate commerce which has been taken or stolen in violation of this section is guilty of a Class G felony.
(c)	Explicit Representation of Theft of Retail Property. – It is not a defense to a charge of receiving stolen retail property in violation of this section that the retail property was obtained by means other than through the commission of a theft offense if the retail property was explicitly represented to the accused person as being obtained through the commission of a theft offense.
(d)	Venue. – Venue for criminal actions to enforce the provisions of this section, including criminal actions with respect to each of the offenses included within organized retail theft as defined by this section that have been committed, attempted, or conspired to be committed by two or more persons, shall be in any county in which at least one criminal offense has occurred that constitutes part of the organized retail theft offenses. It is the intent of the General Assembly that one State court may have jurisdiction over all the conduct, persons, and retail property which are part of, or are directly related to, each and all of the criminal offenses forming part of the organized retail theft offenses; however, it is discretionary, not mandatory, to bring all criminal actions in one jurisdiction when organized retail theft offenses involve two or more counties.
(e)	Forfeiture. – Any person who violates any provision of this section shall forfeit to the State any interest the person has acquired or maintained in violation of this section."
SECTION 3.  This act becomes effective December 1, 2007, and applies to offenses committed on or after that date.