Ohio Cracks Down on Theft Offenses with New Legislation

Beginning April 8, 2025, Ohio will enforce new theft-related laws aimed at curbing organized retail crime and mail theft while also imposing harsher penalties for repeat theft offenders.

Organized Theft of Retail Property

Ohio’s new organized retail theft of retail property, codified under Section 2913.08 of the Ohio Revised Code, was enacted with the intent of combatting the recent rise in costly organized retail theft. The statute provides:

( B ) No person shall knowingly commit theft of retail property with a retail value of $7500 or more from a retail establishment, manufacturer, distributor, or cargo transportation unit for either of the following purposes: 1) To sell, deliver, or transfer that property to a retail property fence; or 2) To sell, deliver, transfer, exchange, or return the retail property for value.
( C ) No person employed by or associated with an enterprise shall receive, purchase, or possess retail property with a retail value of $7500 or more if the person “knows, believes, or has reasonable cause to believe that the property has been obtained by theft.”
( D ) No person shall knowingly act as an agent of an enterprise to steal retail property with a retail value of $7500 or more from a retail establishment, manufacturer, distributor, or cargo transportation unit as “part of an organized plan to commit theft.”
( E ) No person shall knowingly recruit, coordinate, organize, supervise, direct, manage, or finance an enterprise to undertake any acts in Subsections A-C.

A violation of the statute constitutes a third-degree felony if the retail value is less than $750,000. If the retail value is $750,000 or more but less than $1.5 million, the crime is enhanced to a second-degree felony. If the retail value is worth more than $1.5 million, the crime constitutes a first-degree felony.

Under this new statute, an offender convicted of a third-degree felony faces a presumption of a prison sentence if they have a prior conviction for organized retail theft or any felony theft offense within the past three years. A mandatory prison sentence applies if the offender is convicted of a third-degree felony and has two or more prior convictions for organized retail theft or felony theft offenses within the past three years.
When determining whether the retail value of retail property equals or exceeds $750,000, the value of all retail property stolen from the retail establishment or retail establishments by the same person or persons within any twelve-month period will be combined.

The statute further specifies that an individual can be prosecuted for this offense in addition to violations of theft, receiving stolen property, criminal simulation, or engaging in a pattern of corrupt activity if based on the same conduct. However, if convicted of multiple offenses arising from the same conduct, they are considered allied offenses and will merge for sentencing purposes.

Theft of Mail

Ohio will also be implementing a new offense under Section 2913.021 of the Ohio Revised Code that criminalizes the stealing of mail. This new law provides:

• No person, with purpose to deprive the owner of mail, shall knowingly obtain or exert control over the mail in any of the following ways:
  1. Without the consent of the power or person authorized to give consent;
  2. Beyond the scope of the express or implied consent of the owner or person authorized to give consent;
  3. By deception;
  4. By threat;
  5. By intimidation.

A violation of this statute is a fifth-degree felony but can escalate as high as a first-degree felony depending on the value of the mail stolen and other specific circumstances.

In determining what constitutes as “mail” for purposes of the offense, the statute defines mail broadly to encompass any letter, card, parcel, or other material, along with its contents, that has been received, accepted for delivery, delivered, or left for collection by the post office, a common carrier, or a private delivery service.

It is further specified that a prosecution for mail theft does not preclude prosecution for other violations of the Revised Code. However, convictions for mail theft and theft under R.C. 2913.02 are considered allied offenses of similar import when the convictions are “based on the same conduct involving the same victim.”

New Theft Penalties for Repeat Offenders

Ohio’s theft offense codified under Section 2913.02 of the Ohio Revised Code received a new amendment to provide a sentencing enhancement for repeat felony theft offenders. The newly amended statute provides for enhancements in circumstances such as:

• If an offender has been convicted of another felony theft offense within the previous three years, any theft offense is a fourth-degree felony;
• If an offender has been convicted of two or more felony theft offenses within the previous three years, any theft offense is a third-degree felony.

If you or a loved one are facing criminal charges related to theft, we encourage you to call us at [custom:phone} or contact Friedman Nemecek Long & Grant, L.L.C. We will ensure that your rights are protected at every stage of your case and can help you approach this daunting process with confidence. For more information about Friedman Nemecek Long & Grant, L.L.C., please visit us at www.iannfriedman.com.