Under Texas law, there is no enhanced punishment for felony theft, no matter how many cases you have
HOUSTON — Locked display cases have become a familiar sight inside many drugstores and retail chains, frustrating shoppers and highlighting a growing problem–repeat retail theft that critics say faces too little punishment under Texas law.
Loss prevention experts and crime victims’ advocates say the lack of escalating penalties for repeat offenders has helped fuel organized retail theft and drive up prices for consumers.
“It’s insane. It never stops,” said Earnest Stewart, a loss prevention and asset protection expert with more than two decades of experience at department store, grocery, and drug store chains. He said thieves increasingly know that retailers are shifting towards a hands-off approach, given fears of violence and civil liability.
“If someone does make a physical threat or brandishes a weapon, you automatically disengage. It’s not worth it,” he said. “That product is going to walk.”
Asked who is winning the battle against retail theft, Stewart did not hesitate. “The thief,” he said.
Even when suspects are caught, advocates say consequences are often minimal. One woman who was caught on video stealing an armload of clothing pleaded guilty and received just eight days in the Harris County Jail. Court records show Georgeocean Becks was later charged with theft six more times.
“You want to talk about a revolving door? This is a revolving door on steroids,” said Andy Kahan, director of victim services for Crime Stoppers of Houston.
“You wonder why prices are higher?” Kahan said. “This is one of the main reasons, because of the amount of stealing.”
But under Texas law, there is no escalating punishment for repeat offenders. Retail theft becomes a state jail felony once a person has two prior convictions. If they get any more, no matter how many more, the potential punishment stays the same—up to two years in a state jail.
Kahan said most cases he’s reviewed resulted in minimal sentences, and the lack of hard time keeps that revolving door going around.
“I mean, it’s the ultimate poker game,” Kahan said. “(Thieves) know the cards, they know the bluffs, and they know there’s very little risk and many rewards.”
KHOU 11 Investigates found more than 350 criminal defendants in Harris County with five or more felony theft cases on their record. Court records show one woman, Georgeocean Becks, had 23 separate charges over the past five years. Most of those cases were dismissed or resulted in probation. Her longest sentence was 180 days in state jail.
Kahan said he plans to meet with state lawmakers to push for harsher penalty legislation for repeat retail thieves.
“You shouldn’t be able to commit five felony thefts in one year … and not have some sort of enhancement on the punishment,” Kahan said.
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