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By Guy Page
As of July 1, a new retail theft law provides prison sentences of up to 10 years for convicted serial retail thieves. Why was it passed? How does it differ from the old law?
And – is it working?
Retail theft on the rise since 2019
Shoplifting is up in Vermont and is above the national average. Reported incidences went from 2022 statewide in 2019 to over 2400 in 2022. The shoplifting rate 11.4% higher than the national average. Whatever the reported number of incidents for 2024, the actual number is undoubtedly higher: some retailers say they no longer report the crimes due to slow police response and lack of prosecution.
Retailers, taxpayers suffer
Retailers in Vermont lost $204 million in revenue to theft in 2022, Vermont retailers lost $383.39 in sales per capita.
The State of Vermont lost out on $12.2 million in retail sales tax dollars due to theft.
When added to losses due to return fraud – another big retailers’ headache – lost Vermont sales tax dollars total $25.5 million.
Since 2022 the problem has gotten worse in many Vermont jurisdictions. Police seeking the public’s help with identification email reports almost daily, and often many times daily, to news media.
For example, the Vermont State Police sent the following to VDC this morning: at 3 PM on Monday, November 11, State Police were told of a retail theft from the Enosburg Family Dollar in the town of Enosburg. An unknown female had entered the store and then later exited with a number of items without paying. State police are circulating this photo and ask anyone with information to contact Trooper Conte with the Vermont State Police St. Albans Barracks by email at matthew.conte@vermont.gov or by phone at 802-524-5993.
No takers on Sarah George’s taxpayer-funded restitution idea
If police catch and arrest the suspect – what then? Some prosecutors – for example, Chittenden County’s Sarah George – have been refusing to aggressively prosecute shoplifters, preferring instead that taxpayer-funded programs provide restitution to businesses.
As yet, neither local governments nor the Legislature have yet stepped up to fund restitution on behalf of the (generally) penniless, non-compliant, often drug-addicted shoplifters and the businesses they rob. However, the 2024 Vermont Legislature (with much debate, redrafting and House/Senate conference committee work) passed Act 128, “an act relating to retail theft.”
The following description of the new law was authored by Bradford J. Lachut, Esq. government affairs analyst for Professional Insurance Agents, a national association of independent insurance agencies that offers education, products, services, and advocacy to its members.
New law penalizes repeat retail theft
A new law effective July 1 takes aim at curbing retail theft by increasing penalties for offenders. This new law is a response to rising concerns over retail theft and its impact on businesses and communities.
Key provisions
The new act modifies the law in two significant ways.
Under prior Vermont law, a person convicted of the offense of retail theft of merchandise—with a retail value not in excess of $900—could be subject to up to six months in prison. That penalty could apply whether the value of the item stolen was $100 or $900—as well as whether it was an individual’s first or fourth offense.
The new act splits the crime of retail theft of merchandise valued at $900 or less into two distinct categories. Retail theft of merchandise valued at $250 or less, and retail theft of merchandise valued at greater than $250, but not more than $900.
The new law also imposes new penalties for each offense, including a tiered system of escalating punishments for higher-level retail theft.
Under the new law, a person convicted of the offense of retail theft of merchandise valued at $250 or less, could be subject to up to 30 days in prison.
A person convicted of the offense of retail theft of merchandise between $250 and $900 can be subject to:
- First offense: Up to six months in prison
- Second offense: Up to two years in prison
- Third offense: Up to three years in prison
- Fourth or subsequent offense: Up to 10 years in prison
This tiered approach is designed to address repeat offenders more severely, reflecting the cumulative impact of their actions on retailers and the broader economy.
The offense, and punishment, for retail theft in excess of $900 remains unchanged. Offenders may face imprisonment for up to 10 years.
Is it working?
Frankly, we don’t know. VDC has reached out to public safety officials for their input, and plans to ask Gov. Phil Scott this question at today’s noontime press conference.
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Categories: Business, Legislation
You can bet it was the loss of sales tax revenue that got the attention of the Legislature. They can’t have that. The businesses losing income? Not their problem.
From democrats and progressives, I would have expected a law that still requires the business render the sales tax to the state regardless of how the items left the store…
We who are legitimate shoppers of retail establishments all bear the burden of allowing this behavior to perpetuate. We pay higher prices for goods and we are inconvenienced when we have to wait for a clerk from an understaffed store to unlock the items we want from behind the cage. We have to travel farther the next time when the store ultimately closes down because the shoplifting laws on the books are not being prosecuted because of a mentally deficient prosecutor who considers thieves the victims of an uncaring and inequitable society. What we need is a law that allows for some reasonable level of citizen justice. If you witness an obvious retail theft and the perp makes it out the door, the maximum penalty for assaulting them in a reasonable manner to retrieve the item(s) should be a $10 fine.
Not sure of how much effect this will have as prosecutors like George and Vekos will just not prosecute them, and they end up back out shoplifting.
These laws sound great and could most likely make an impact, however when Sarah George announces she will not prosecute, it has no value. Perhaps the legislature or another govt body could focus on enforcing job responsibilities. She is not held accountable and for reasons I can not figure out, she gets reelected????
Vote rigging is common in Vermont.
Stacey, my concern exactly. Thank you. Can someone ask the Governor about this?
I listened to the Governor’s press conference yesterday and did not hear VDC pose any public safety questions unless I missed something.