Establishes a person is guilty of grand larceny in the fourth degree when he or she steals property and is in possession of an anti-security item

Title of bill

An act to amend the penal law, in relation to the possession of anti-security items

Purpose

Enhance penalty for theft of property by a person who possesses an item designed to block or otherwise override security markings, tags, or attachments placed on property offered for sale in a retail mercantile establishment.

Summary of provisions

Section 1. Adds a new subdivision 12 to Section 155.30 of the Penal Law to define "anti-security device" and render it a crime to use same in theft of property.

Section 2. Amends Section 170.47 of the Penal Law to tender it a class A misdemeanor to possess an anti-security device with intent to use same to steal property at a retail mercantile establishment.

Section 3. Effective date: November 1 next succeeding the date on which it shall have become law.

Justification

Organized retail theft is the most serious security issue facing many retail merchants, including apparel and accessory retailers, mass merchandisers, do-it-yourself stores, drug stores, and supermarkets. It's a crime that has grown substantially over the past decade, nearly unabated. Estimates from retail and law enforcement suggest the annual loss to organized retail theft in all retail sectors combines to reach some $25 billion. Retailers are forced to offset these significant costs through higher prices - meaning that honest consumers are forced to endure the impact of organized retail theft and professional shoplifters.

Professional shoplifters who steal apparel and accessories usually shoplift for a fence that either sells the goods to a higher-level fence or sells the goods himself in a businesslike setting. Theft rings tend to focus on over-the-counter drugs, pain relievers, health and beauty aids, and clothing of all kinds. These items have considerable value and are easily resold to other retailers or in stores the criminal fences operate. The merchandise is always in demand; most of the items are fairly small and easy to conceal on the person or in so-called "booster bags."

"Booster bags" are crafted to hide stolen merchandise from security devices, theft sensors, and similar units installed by retailers to guard against the theft of merchandise. The bags can be as rudimentary as a simple shopping bag lined with aluminum foil, or fashioned to be more complex and difficult to detect. Whatever the quality, the bags are crafted so that they will block or otherwise override the store's security system, hiding the stolen merchandise and allowing the shoplifter a clean exit from the store.

This legislation would enhance the criminal penalty against a person who uses a "booster bag" or other such item designed to override a retail establishment's security system in order to steal merchandise from that store. It is an important step forward in helping retailers in New York State curtail the growing problem of organized retail theft and professional shoplifting.

Legislative history

2007-2008: Passed the Senate (S.5153/A.9094)

Effective date

On the first of November next succeeding the date on which it shall have become a law.