An Act To Prevent Organized Retail Crime
Maine Legislature, Session 127, LD 0310
Committee: Criminal Justice and Public Safety
Sponsors: VOLK, HOBBINS, BURNS, GERZOFSKY, LANGLEY, WHITTEMORE, PICCHIOTTI, POULIOT, SHAW, WARREN
Amends: 17-A MRSA §353

Legislative Document 
No. 310 
S.P. 125 
In Senate, February 10, 2015 
An Act To Prevent Organized Retail Crime 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator VOLK of Cumberland. 
Cosponsored by Representative HOBBINS of Saco and 
Senators: BURNS of Washington, GERZOFSKY of Cumberland, LANGLEY of Hancock, 
WHITTEMORE of Somerset, Representatives: PICCHIOTTI of Fairfield, POULIOT of 
Augusta, SHAW of Standish, WARREN of Hallowell. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §353, sub-§1, ¶B, as amended by PL 2007, c. 476, §10, is 
further amended to read: 
B.  The person violates paragraph A and: 
(1)  The value of the property is more than $10,000.  Violation of this 
subparagraph is a Class B crime; 
(2)  The property stolen is a firearm or an explosive device.  Violation of this 
subparagraph is a Class B crime; 
(3)  The person is armed with a dangerous weapon at the time of the offense.  
Violation of this subparagraph is a Class B crime; 
(4)  The value of the property is more than $1,000 but not more than $10,000.  
Violation of this subparagraph is a Class C crime; 
(5)  The value of the property is more than $500 but not more than $1,000.  
Violation of this subparagraph is a Class D crime; or 
(6)  The person has 2 or more prior convictions for any combination of the Maine 
offenses listed in this subparagraph or for engaging in substantially similar 
conduct to that of the Maine offenses listed in this subparagraph in another 
jurisdiction.  The Maine offenses are:  theft; any violation of section 401 in which 
the crime intended to be committed inside the structure is theft; any violation of 
section 405 in which the crime intended to be committed inside the motor vehicle 
is theft; any violation of section 651; any violation of section 702, 703 or 708; or 
attempts to commit any of these crimes.  Section 9-A governs the use of prior 
convictions when determining a sentence.  Violation of this subparagraph is a 
Class C crime; or 
Sec. 2.  17-A MRSA §353, sub-§1, ¶C, as enacted by PL 2005, c. 199, §4, is 
amended to read: 
C.  The person knowingly operates an audiovisual or audio recording function of any 
device in a motion picture theater while a motion picture is being exhibited for the 
purpose of making a copy of the motion picture, without the written consent of the 
motion picture theater owner.  Violation of this paragraph is a Class D crime.; 
Sec. 3.  17-A MRSA §353, sub-§1, ¶¶D and E are enacted to read: 
D.  The person acts in concert with one or more persons, including an employee of a 
retail establishment, to obtain or exercise unauthorized control over property of a 
retail establishment with the intent to sell the property.  Violation of this paragraph is 
a Class C crime; or 
E.  The person alters a product code or sales receipt for, affixes a false product code 
to or presents a false product code or sales receipt for retail merchandise with the 
intent to obtain or exercise unauthorized control over property of a retail 
establishment.  Violation of this paragraph is a Class C crime. 
SUMMARY 
This bill makes the following a Class C crime: 
1.  The theft of retail merchandise by 2 or more people acting in concert, including an 
employee of a retail establishment; and 
2.  The altering, affixing or presenting of a false product code or sales receipt in order 
to obtain or exercise unauthorized control over merchandise from a retail establishment.