Wash. Rev. Code » Title 9A · Chapter 9A.56
Revised Code of Washington

Wash. Rev. Code § 9A.56.350 (2026)

Organized retail theft

✓ current as of May 2026
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(1) A person is guilty of organized retail theft if he or she:
(a) Commits theft of property with a value of at least seven hundred fifty dollars from a mercantile establishment with an accomplice;
(b) Possesses stolen property, as defined in RCW 9A.56.140, with a value of at least seven hundred fifty dollars from a mercantile establishment with an accomplice;
(c) Commits theft of property with a cumulative value of at least seven hundred fifty dollars from one or more mercantile establishments within a period of up to one hundred eighty days; or
(d) Commits theft of property with a cumulative value of at least seven hundred fifty dollars from a mercantile establishment with no less than six accomplices and makes or sends at least one electronic communication seeking participation in the theft in the course of planning or commission of the theft. For the purposes of this subsection, "electronic communication" has the same meaning as defined in *RCW 9.61.260(5).
(2) A person is guilty of organized retail theft in the first degree if the property stolen or possessed has a value of five thousand dollars or more. Organized retail theft in the first degree is a class B felony.
(3) A person is guilty of organized retail theft in the second degree if the property stolen or possessed has a value of at least seven hundred fifty dollars, but less than five thousand dollars. Organized retail theft in the second degree is a class C felony.
(4) For purposes of this section, a series of thefts committed by the same person from one or more mercantile establishments over a period of one hundred eighty days may be aggregated in one count and the sum of the value of all the property shall be the value considered in determining the degree of the organized retail theft involved. Thefts committed by the same person in different counties that have been aggregated in one county may be prosecuted in any county in which any one of the thefts occurred. For purposes of subsection (1)(d) of this section, thefts committed by the principal and accomplices may be aggregated into one count and the value of all the property shall be the value considered in determining the degree of organized retail theft involved.
(5) The mercantile establishment or establishments whose property is alleged to have been stolen may request that the charge be aggregated with other thefts of property about which the mercantile establishment or establishments is aware. In the event a request to aggregate the prosecution is declined, the mercantile establishment or establishments shall be promptly advised by the prosecuting jurisdiction making the decision to decline aggregating the prosecution of the decision and the reasons for such decision.
[ 2017 c 329 s 1; 2009 c 431 s 15; 2006 c 277 s 2.]

Notes:

*Reviser's note: RCW 9.61.260 was recodified as RCW 9A.90.120 pursuant to 2022 c 231 s 4 and amended by 2022 c 231 s 1, changing subsection (5) to subsection (8).
Applicability—2009 c 431: See note following RCW 4.24.230.
Property crime database, liability: RCW 4.24.340.
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2014–2022 · leading case: State Of Washington v. Tycameron Lake, 466 P.3d 1152 (Wash. Ct. App. 2020).
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State Of Washington v. Tycameron Lake, 466 P.3d 1152 (Wash. Ct. App. 2020). · cites it 10× “” And the undefined term “mercantile establishment” in RCW 9A.56.350, standing alone, does not necessarily reveal whether the legislature intended the statute to apply to online theft.”
Lang, Terri Regina, 561 S.W.3d 174 (Tex. Crim. App. 2018). “"); Wash. Rev. Code Ann. § 9A.56.350 (West 2017) ("A person is guilty of organized retail theft if he or she commits theft of property .”
State v. Reeves, 336 P.3d 105 (Wash. Ct. App. 2014). “340, and organized retail theft, RCW 9A.56.350. Final B. Rep. on H.B. 2704,59th Leg.”
State Of Washington, V Steven Bruce Perra (Wash. Ct. App. 2022). · cites it 2× “First degree theft and first degree organized retail theft are both class B felonies, but first degree organized retail theft has a higher seriousness level.”
State Of Washington v. Kimberly Ann Bailey (Wash. Ct. App. 2015). “She was ultimately convicted of one count of organized retail theft in the second degree under RCW 9A.56.350(1 )(c). This crime requires evidence of theft or possession of retail items with a cumulative value of at least $750.”
Wash. Rev. Code § 9A.56.350(1)(c): 2 cases
State Of Washington v. Tycameron Lake, 466 P.3d 1152 (Wash. Ct. App. 2020). “” And the undefined term “mercantile establishment” in RCW 9A.56.350, standing alone, does not necessarily reveal whether the legislature intended the statute to apply to online theft.”
State Of Washington, V Steven Bruce Perra (Wash. Ct. App. 2022). “First degree theft and first degree organized retail theft are both class B felonies, but first degree organized retail theft has a higher seriousness level.”
Wash. Rev. Code § 9A.56.350(2): 1 case
State Of Washington, V Steven Bruce Perra (Wash. Ct. App. 2022). “First degree theft and first degree organized retail theft are both class B felonies, but first degree organized retail theft has a higher seriousness level.”
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