In July of 2025, 177 new laws passed by the Tennessee legislature went into effect, including one that expands what can get you arrested for organized retail theft (ORT). The original law made it a crime to work with one or more people to steal merchandise over $1,000 with the intent to barter, sell, or trade for gain or to fraudulently return it to a retailer. It left it ambiguous whether the law applied to stolen items being sold on online marketplaces like Facebook or eBay.
Below, we discuss the new change that expands the law to include selling allegedly stolen goods online and other changes to the law.
Using Social Media to Sell Stolen Goods is Now Included
Over the last few years, social media and online secondhand marketplaces have taken over a major space in how people shop. In the US, over 300 million people have used Facebook Marketplace to buy things, with nearly 40% of Americans who use social media reporting that they’ve bought something off Instagram Shop or Facebook Marketplace. Ebay similarly has a huge, commanding presence in internet shopping, with over 134 million active users reported in 2025.
Under the new law, HB0207/SB0240, activity under the organized retail crime offense has expanded to include using social media or other online platforms to sell, barter, or trade stolen goods. This means that you could be arrested in Tennessee for organized retail theft if you are working with other people to sell stolen items on Facebook Marketplace, Depop, Ebay, Etsy, or any other online forum.
Other Changes to the Law
Many of the other changes to the law center around clarifying what sort of conduct can be categorized as organized retail crime. If you knowingly tamper with any type of anti-shoplifting device or interfere with a fire alarm in order to facilitate shoplifting, then you have committed the crime of organized retail theft. Additionally, if you use credit card skimmers or any other type of device that reads and stores credit card information, that now falls under the criminal offense.
The law also requires the charge, which is a minimum Class E felony, to be upped a classification if the accused uses a weapon or destroys property during the alleged conduct.
Facing a Shoplifting Charge? Let Us Help
An ORT charge can carry life-changing consequences – from felony convictions on your record to jail time to massive fines. With this new law expanding the possible conduct that can get you arrested for organized retail crime, it’s important to have a knowledgeable advocate on your side. If you or someone you know has been arrested for organized retail crime in the Middle Tennessee area, contact PNC Law today at (615) 785-2000 or philip@tncriminaldefenseattorney.com.