Organized Retail Theft is Now a Crime

Erin Bailey Law
Jun 2
2 min read

Each year, South Carolina’s legislative session brings legal changes that affect everyday people across the state. In this multi-part series, criminal defense lawyer Erin Bailey breaks down what’s new, what it means, and how it could impact you.

SC’s cracking down on smash-and-grab rings with felony charges.

If you've been on social media lately, you've likely seen viral videos of groups rushing into stores - grabbing armfuls of merchandise and running out within seconds. These coordinated attacks, often referred to as “smash and grabs,” have been happening across the country.

Until now, South Carolina didn’t have a specific criminal statute to address that kind of organized theft. That’s changed.

As of 2025, South Carolina has created a new criminal offense: Organized Retail Crime. It’s designed to target groups that work together to steal from retailers - whether that’s a coordinated grab-and-go or a more discreet operation.

What Counts as Organized Retail Crime?

Under the new law, a person can be charged with organized retail theft if:

Two or more people conspire or act together to steal retail merchandise
The value of stolen goods is more than $2,000 within a 90-day period
A person receives, possesses, or sells stolen merchandise tied to an organized effort

These crimes can now be prosecuted in a single county - even if the acts took place across multiple counties. That’s a major shift in how South Carolina handles jurisdiction for theft and conspiracy cases.

Aggravated Organized Retail Theft

There’s also a new, elevated charge: Aggravated Organized Retail Theft.

This applies when the coordinated theft:

Causes property damage over $2,000, or
Results in bodily injury to another person

That offense carries some of the most serious penalties of any retail-related crime in the state: up to 15 years in prison or a $50,000 fine.

Penalties Depend on the Value + Repeat Offenses

For non-aggravated cases, penalties for organized retail theft are graduated based on the value of merchandise taken and whether it’s a first or repeat offense.

On the lower end, it can carry up to 3 years in prison
On the higher end, up to 20 years

Will It Work?

It’s too early to say whether this new law will meaningfully curb the rise in smash-and-grab thefts. Enforcement, proof of coordination, and jurisdiction will all come into play. But for now, South Carolina is making it clear: retail theft carried out by organized groups will be prosecuted aggressively.