In a bold move to combat the rising tide of organized retail theft, Utah lawmakers are exploring a new bill designed to enhance penalties for thefts, particularly those perpetrated by illegal out-of-state enterprises that target local stores and resell stolen goods on the black market.

 This proposed legislation, known as Criminal Offense Modifications, also addresses issues related to gang activity and organized crime. Currently, theft involving items valued at less than $500 is classified as a class B misdemeanor. However, the new bill seeks to change that by allowing individuals who enter Utah with the intent to steal, and who have prior convictions for a similar class A misdemeanor in another state, to face charges for a third-degree felony. 

Richard Larsen, a prosecutor with the Davis County Attorney’s Office, explained, “There’s very much a business of people coming into Utah, where they can make sure that each theft they commit stays under $500. And so they just hit multiple stores, then leave out of state again, and they’ve guaranteed the most they’re going to get is a class B misdemeanor, because convictions that they’ve had in other states don’t count against them.” Larsen compared this approach to how Utah prosecutes impaired driving. In this system, a conviction in another state can lead to enhanced penalties for subsequent offenses in Utah. He highlighted a troubling case involving an organized gang with connections to Cuba that reportedly stole merchandise in Utah, stored it in Florida, and then shipped it to Cuba for sale on the black market. 

The proposed law also targets individuals working “in concert” to commit crimes. Larsen described a scenario at a Best Buy in Farmington, where a group of three or four would each take an Xbox and flee together. He noted that this collaboration often leads to significant financial losses for businesses. 

Under the new legislation, a group of two or more acting together would face heightened charges. For instance, a class B misdemeanor could escalate to a class A misdemeanor, while a class A misdemeanor might become a third-degree felony. This “in concert” enhancement was part of Utah law until its repeal in 2021, and the current bill aims to reinstate it. The enhancements proposed in the bill extend beyond theft and include a range of serious offenses such as homicide, human trafficking, and arson. 

However, the broad scope has raised concerns among lawmakers and legal experts. Steve Burton, director of the Utah Defense Attorneys Association, voiced skepticism, arguing that individuals committing minor thefts could face disproportionately severe penalties. House Minority Leader Angela Romero, D-Salt Lake City, also expressed concern about potential racial profiling, highlighting the risks of unfairly targeting groups based on ethnicity. 

In response, Larsen clarified that the focus is on participants’ actions rather than their race, stating, “It’s about the in concert participation. And that will negate any of the concerns about profiling.” Additionally, the proposed bill would allow retail stores to report the retail cost of stolen goods when seeking restitution, rather than relying solely on the wholesale cost.