Retail Theft in New York is Down Following State’s Crack Down

By Jill K. Sanders, Esq.

After the pandemic, there’s was a reported increase retail theft in New York. According to reports, such theft increased 64% from 2019 to 2023. In response, jurisdictions throughout the state cracked down on the crimes. This included the state, which put in place state-wide initiatives to help fight the theft.

New York’s Efforts to Combat Retail Theft

In order to combat retain theft, initiatives were put into place to deter crime and protect businesses. As part of New York’s FY2025 State Budget, efforts included:

Increasing criminal penalties for assaulting a retail worker. The offense of assaulting a retail worker was elevated from a misdemeanor to felony.
Allowing prosecutors to combine the value of stolen goods when they file larceny charges and allowing retail goods from different stores to be aggregated for the purposes of reaching a higher larceny threshold when stolen under the same criminal scheme.
Making it illegal to foster the sale of stolen goods to go after third-party sellers. A person will be found guilty if they use any website or physical location to sell stolen goods.

Additionally, the budget allocated funds for enforcement. Specifically, $40.2 million went to dedicated Retail Theft Teams within State Police, District Attorneys’ offices, and local law enforcement. One hundred New York State Police personnel were dedicated to fighting organized retail theft. Another $5 million were allocated to help alleviate the burden on small businesses for additional security measures.

New Felony Charge of Assault on a Retail Worker

The new criminal offense, Assault on a Retail Worker, is codified under Penal Law § 120.19. It makes assaulting a retail worker a class E felony, punishable by up to 1⅓ to 4 years.

To be guilty of the offense, the defendant must:

Cause physical injury to a retail worker,
Have known the person to have been a retail worker, and
Have acted with the intent to prevent the retail worker from performing an act within the scope of the retail worker’s employment.

In making the assault a class E felony, the legislation puts retail workers in a similar protected category to first responders.

Decrease in Retail Theft in 2025

In response to these initiatives, the Governor reports that the state is now on track to see retail theft crimes drop to pre-peak levels. The peak year was 2022, according to crime data which shows a significant spike as business operations began returning to normal.

For New York City, the reported drop in theft is more than 12 percent year over year. Statewide, the decrease in theft is five percent. Additionally, New York City has seen a more than four percent reduction in index crime. An index crime is one of eight major offenses – murder, forcible rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson. For felony robberies, New York City has seen an 11 percent drop, as well as a 20 percent drop in shootings. Significantly, New York City has also seen a 20 percent decrease in murders.

References:

New York Governor Kathy Hochul Press Release, Following Crack Down on Organized Retail Theft, Governor Hochul Announces Reduction in Retail Theft in New York City (Aug. 26, 2025). Available at: https://www.governor.ny.gov/news/following-crack-down-organized-retail-theft-governor-hochul-announces-reduction-retail-theft (last accessed Aug. 29, 2025).
Penal Law § 120.19, Assault on a retail worker. Available at: https://www.nysenate.gov/legislation/laws/PEN/120.19 (last accessed Aug. 29, 2025).

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