Lawmakers Discuss Proposed 'Flash Mob Theft Act'

The highly publicized 7-Eleven group theft in Germantown has inspired a bill that delivers stiffer penalties on thefts committed by mob.

“This is something serious and we needed to address it with something deeply as serious, making sure these kids don't make these bad decisions again,” Councilman Craig Rice, (D-District 2) said in the parking lot outside the Germantown 7-Eleven targeted by a group theft in August.

Rice, a former state delegate, and state Del. Jeffrey Waldstreicher (D-District 18) worked together on the bill and hosted a press conference Monday outside the convenience store to publicize the details.

If passed, the Flash Mob Theft Act of 2012 would treat multiple acts of theft committed by multiple individuals in unison as one crime, Waldstreicher said. The total value of the property would determine whether the theft was a felony or a misdemeanor, according to a draft version of the bill.

The bill would affect the entire state, Waldstreicher said.

The bill was formed in response to a spate of group thefts, beginning with an incident in Germantown. On Aug. 13, more than a dozen youths entered the convenience store off Wisteria Drive in unison and lifted snacks, pop and candy before leaving with the loot as a group, according to video surveillance released by police.

“The community was unilaterally outraged at this event,” said Montgomery County Police 5th district Cmd. Luther Reynolds.

With help from school resource officers and social media, Montgomery County Police were able to identify most of the youths involved, said Officer Marcus Dixon, who’s in charge of community policing in the 5th District.

The youths allegedly took $450 worth of snacks but could not be prosecuted on significant charges because the individual items were of nominal value, Waldstreicher said. Conspiracy to commit theft and disorderly conduct charges were filed against 14 juveniles and three adults identified from the footage.

Police are investigating another group theft reported Nov. 19 at a 7-Eleven in Silver Spring in which 50 youths reportedly took snacks and drinks.

“If we only hold each member accountable for the amount of money they each stole, well that's a slap on the wrist for them,” Waldstreicher said. “But if you hold them accountable for entire amount, for the entire conspiracy, for the entire mob, well that is real deterrence.”

Under current Maryland law, it is considered conspiracy anytime two people agree to commit a crime. But in the case of the Germantown incident, conspiracy would be difficult to prove due to of the lack of evidence — no tweet, no email, nor text message to suggest the coordination of a group theft, Waldstreicher said.

Police beleive the youths may have hatched the scheme at the county fair.

But under the Flash Mob Theft Act, the mob itself would act as evidence of conspiracy. “50 people don’t just enter a 7-Eleven at the same time randomly,” Waldstreicher said.

The 2012 legislative session begins in January. Waldstreicher said he planned to pre-file the bill Monday.

The Flash Mob Theft Act would have to clear the judiciary committee before delegates vote on the measure, said Waldstreicher, who is a member of the judiciary committee.

Waldstreicher said he was confident the bill would clear the committee.