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Since July 2020, property theft up to $1,200 in value has been a misdemeanor in Nevada, punishable by up to six months in jail and a $1,000 fine. The misdemeanor threshold was increased from $650.

Attorneys say some thieves, especially first-time offenders, may avoid prosecution by paying a fine and restitution, and completing an educational course about shoplifting consequences.

In a 2022 survey by the National Retail Federation, 70.8% of respondents reported a moderate or substantial increase in Organized Retail Crime where felony theft thresholds were increased. ORC is large-scale theft with the intent to resell the items. In January 2023, a bill was introduced in Congress to combat ORC nationally.

However, the NRF survey also reported overall retail industry inventory losses were similar to the previous five years. Additionally, while external theft is the largest source of inventory loss (37%), internal theft and process failures comprise 54% of losses.