Organized Retail Theft in Texas | Houston Attorney

Organized retail theft (ORT) targets the resale and "fencing" side of retail crime — not just taking items off a shelf. It is graded by the total value of merchandise, and because Texas lets the State combine amounts across multiple incidents and stores, a series of small alleged thefts can be aggregated into a serious felony. Prosecutors also sometimes stretch ORT to cover conduct that is really ordinary shoplifting.

If you or a loved one has been charged in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.

What the Law Covers

Under Texas Penal Code § 31.16, a person commits ORT by intentionally conducting, promoting, or facilitating an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of stolen retail merchandise or merchandise obtained by fraud. The total value of the merchandise sets the offense level, and values from separate incidents may be aggregated.

Penalty Range

Total value of merchandise	Offense Level	Punishment
Less than $100	Class C Misdemeanor	Fine up to $500
$100 to less than $750	Class B Misdemeanor	Up to 180 days jail; up to $2,000 fine
$750 to less than $2,500	Class A Misdemeanor	Up to 1 year jail; up to $4,000 fine
$2,500 to less than $30,000	State Jail Felony	180 days – 2 years state jail; up to $10,000 fine
$30,000 to less than $150,000	Third-Degree Felony	2 – 10 years prison; up to $10,000 fine
$150,000 to less than $300,000	Second-Degree Felony	2 – 20 years prison; up to $10,000 fine
$300,000 or more	First-Degree Felony	5 – 99 years or life; up to $10,000 fine

How These Cases Are Defended

It's really simple theft. Where the conduct doesn't fit ORT's organized-activity elements, we push to recharacterize it as ordinary theft — often a lower grade.
Attacking aggregation. We challenge whether separate incidents can lawfully be combined and whether the State can prove you were involved in each.
Value disputes. Merchandise value sets the offense level; disputing it can lower the grade.
Knowledge. ORT requires knowing involvement with stolen merchandise; a lack of knowledge is a defense.
Identity and diversion. We test surveillance identifications and pursue diversion, reduction, and dismissal, especially for first offenders.

Collateral Consequences

An ORT conviction is a crime of dishonesty that can damage employment, licensing, immigration status, and credibility for life, and felony grades carry prison exposure and loss of firearm rights. Fighting the grade and the aggregation can dramatically change the outcome.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors. If you or a loved one has been charged with organized retail theft in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

What is organized retail theft in Texas?

Under Texas Penal Code § 31.16, organized retail theft (ORT) is intentionally conducting, promoting, or facilitating an activity in which a person receives, possesses, conceals, stores, barters, sells, or disposes of stolen retail merchandise or merchandise taken by fraud. It targets the resale and 'fencing' side of retail theft, not just the person who takes items off a shelf.

How is organized retail theft graded?

By the total value of the merchandise: less than $100 is a Class C misdemeanor; $100 to less than $750 a Class B; $750 to less than $2,500 a Class A; $2,500 to less than $30,000 a state jail felony; $30,000 to less than $150,000 a third-degree felony; $150,000 to less than $300,000 a second-degree felony; and $300,000 or more a first-degree felony. Values from multiple incidents can be combined.

How is ORT different from ordinary shoplifting?

Ordinary shoplifting is charged as theft under § 31.03. ORT is aimed at organized activity — receiving, storing, or reselling stolen merchandise, often across multiple stores or incidents. Prosecutors sometimes stretch ORT to cover conduct that is really simple theft, and challenging that overreach can substantially reduce exposure.

Can the State combine amounts from different stores?

Yes — that is what makes ORT dangerous. The statute allows the total value of merchandise across multiple incidents to be aggregated, which can push a series of small alleged thefts into felony territory. Attacking the aggregation and the proof tying you to each incident is central to the defense.

How is organized retail theft defended?

We challenge whether the conduct actually fits ORT rather than simple theft, dispute the aggregated value and the proof connecting you to each incident, attack identifications from surveillance video, and raise lack of knowledge that merchandise was stolen. Diversion, reduction, and dismissal are realistic goals, especially for first-time offenders.