This bill amends section 28-101 of the Revised Statutes Cumulative Supplement, 2024, to introduce new provisions aimed at prohibiting organized retail crimes in Nebraska. It defines key terms such as "aggregated retail market value," "organized retail crime," "retail commerce," "retail merchandise," and "retailer." The bill outlines specific actions that constitute organized retail crime, including knowingly committing such crimes, managing or assisting others in these activities, and manipulating anti-shoplifting devices.
The legislation establishes penalties for violations based on the aggregated retail market value of the merchandise involved, categorizing offenses as Class IIA felonies, Class IV felonies, or Class I misdemeanors, depending on the value thresholds. Additionally, it allows for the aggregation of retail market values from multiple offenses in a single indictment and clarifies that the prosecution must prove the aggregate value beyond a reasonable doubt. The bill also states that it is not a defense if the merchandise was not actually stolen, as long as it was represented as such. The original section 28-101 is repealed to accommodate these changes.
Statutes affected: Introduced: 28-101