North Carolina law boosts punishment for cargo theft

A new law soon to take effect in North Carolina is intended to boost the deterrence of truck, rail or container cargo theft through stiffer punishment.

The Owner-Operator Independent Drivers Association believes cargo theft deterrence is a reasonable and overdue action intended to better protect the livelihood of the men and women who help drive the economy.

Gov. Roy Cooper has signed into law a bill to increase the punishment for cargo theft depending on the value of the property taken from a vehicle. The rule would apply to breaking or entering into a railroad car, motor vehicle, trailer, aircraft, boat or other watercraft.

Previously S409, the new law takes effect on Friday, Dec. 1.

Currently, cargo theft convictions result in Class I felonies regardless of the value of goods taken. Offenders face up to 24 months in prison.

Stiffer punishment

To discourage thefts in North Carolina, the new law allows for the combining of offenses occurring over a 90-day period across the state.

• Stolen cargo valued between $1,501 and $20,000 would be a Class H felony. Offenders would face up to 39 months in prison.
• Stolen cargo valued between $20,001 and $50,000 would be a Class G felony. Offenders would face up to 47 months in prison.
• Stolen cargo valued between $50,001 and $100,000 would be a Class F felony. Offenders would face up to 59 months in prison.
• Stolen cargo valued beyond $100,000 would be a Class C felony. Offenders would face up to 231 months in prison.

Theft of goods valued at $1,500 or less would remain a Class I offense.

Additionally, any conveyance that is used in the commission of the crime could be seized and forfeited.

Sen. Danny Britt, R-Robeson, said the new law intends to address the issue of retail cargo theft. During discussion in the Senate Judiciary Committee, Britt told committee members that North Carolina ranks eighth nationally for the crime.

“We are one of the hot spots for cargo theft,” Britt testified.

A problem that is not slowing

There were 2,992 individuals in North Carolina charged with a Class I felony related to cargo theft one year ago, according to a legislative fiscal note. There were 2,384 convictions in fiscal year 2021-2022.

CargoNet, a Jersey City, N.J.-based data- and information-sharing company working with carriers and law enforcement to combat cargo theft, reports that in the third quarter of 2023, there were 692 events recorded across the United States and Canada. This amounts to a 59% year-over-year increase.

Much of the increase is attributed to ongoing shipment misdirection attacks. The company describes the attacks as “a kind of strategic cargo theft in which actors use stolen motor carrier and logistics broker identities to obtain freight and misdirect it from the intended receiver so they could steal it.”

In total, thieves stole more than $31.1 million in shipments in the third quarter of 2023.

OOIDA welcomes stiffer punishment

Doug Morris, OOIDA director of safety operations, said the Association has been an advocate for tougher sentences and penalties for cargo and truck theft for years.

“Many states continue to overlook the fact that a stolen load of goods could be worth tens of thousands of dollars and in some cases hundreds of thousands of dollars,” Morris said. “The new sentencing guidelines for North Carolina will undoubtedly be a deterrent for cargo-theft thieves.”

He added that OOIDA encourages other states to adopt tougher penalties and sentencing for cargo theft.

“Lawmakers should also include theft via fraudulent brokers,” he said, “but many states do not understand the complexities to the fraudulent broker scheme.” LL

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