Shoplifting is a chronic problem for retailers throughout America and is proving especially painful for businesses in Lea County. 

One of the main reasons shoplifting is hitting the county’s merchants so badly is because of the area’s lower volume market that provides local retailers with thinner profit margins than they might have in larger, more populated regions.  In rural and small towns, every sale counts toward making ends meet.

Cost to the Local Population 

Nationwide the cost of shoplifting is more than $68 billion. This huge price tag is not overlooked by retailers, who raise the prices of everything to cover the losses they incur from the crime.  Since a degree of shoplifting is expected, the potential loss is already factored into prices and margins.

As New Mexico is a much smaller market than many regions of the US, the effects of shoplifting are felt in the state, and especially here in Lea County, more acutely than in areas with higher population bases. In effect, residents of Lea County pay even more than they might pay in some other areas of the US for each and every purchase, simply to pay for the criminals who are hurting local retailers.  National retailers more easily spread the cost of theft across their many locations, but local businesses don’t have that luxury.

The problem is intensified by what some claim are “weak” shoplifting laws in the state.  

Shoplifting Laws

Shoplifting laws in New Mexico are categorized by the value of the items stolen. 

• $250 or less: Petty Misdemeanor
• More than $250 but not more than $500: Misdemeanor
• More than $500 but not more than $2,500: Fourth Degree Felony
• More than $2,500 but not more than $20,000: Third Degree Felony
• More than $20,000: Second Degree Felony. 

Some criminals know the laws of the state and specifically target items with a value of less than $500. In this way, these criminals can take advantage of the system. They understand that if they are caught, they will likely receive no meaningful penalty as the punishment for a petty misdemeanor and/or a misdemeanor is not particularly severe. Some would refer to it as little more than a slap on the wrist. 

This creates a reality where some criminals may be allowed to steal thousands of dollars of merchandise a year with little to no risk. By sticking to thefts of less than $250, the worst they can receive is less than six months in jail and less than a fine of $500, although their activities can amount to thousands of dollars in losses and increased prices for all of us over the course of their criminal life.

Proposed Change to the Law

As it is now, thieves can repeat as many times as they wish a petty misdemeanor, stealing $250 or less worth of merchandise, and/or a misdemeanor, stealing $500 worth of merchandise or less. 

House Bill 29 has been introduced during the current legislative session to change all of this. The new legislation would create harsher penalties for repeat offenders who take advantage of the current loopholes in the law. 

The way the law stands today, some serial offenders never reach a total of $500 and are never charged with a felony. 

Lawmakers say this loophole in the law needs to be closed. “What we’ve found is that shoplifters understand that if they steal under $500, then it’s a misdemeanor and nothing is going to happen to them,” said HB 29’s sponsor Representative William “Bill” Rehm (R – District 31), in an interview with KRQE. 

Right now HB 29 is being considered by the House Rules and Business Committee.

If passed, every shoplifting charge within a calendar year will be combined, adding the total cost of stolen items together. As a result, repeat offenders will be charged with a felony even if individual incidents only involve low cost items.