SECTION 1. Section 30D of chapter 266 of the 2014 official edition of the Massachusetts Generals Laws is hereby amended by striking subsection (d) and inserting the following subsections:-
(d) A person commits an organized retail crime by flash mob if the person, acting in concert with 6 or more persons, steals retail merchandise cumulatively valued at more than $500, and makes or receives in the course of planning or commission of the theft at least one electronic communication, including but not limited to text message, electronic mail or social media post, seeking participation in the theft.
A violation of this subsection shall be punished by imprisonment in a house of correction for not more than 2 1/2 years or by imprisonment in the state prison for not more than 5 years or by a fine of not more than $10,000, or by both such fine and imprisonment.
(e) A person shall be a leader of an organized retail theft enterprise if the person conspires with others as an organizer, supervisor, financier or manager, to commit an organized retail crime, an aggravated organized retail crime, or organized retail crime by flash mob. A leader of organized retail crime may be punished by a fine of not more than $250,000 or 5 times the retail value of the merchandise seized at the time of the arrest, whichever is greater, or imprisonment in state prison for not more than 20 years, or both such fine and imprisonment.
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