How is the penalty affected for organized retail theft if the actor's actions cause a greater risk or damage?

The penalty for organized retail theft can be significantly affected by the actions of the perpetrator, especially when those actions result in a greater risk or damage. In this context, upgrading to a higher category reflects a legal response to the severity and potential consequences of the crime.

When the actions involved in the theft result in increased harm—whether that be through physical damage, increased theft value, or risk to individuals involved—the legal system recognizes the need for a stronger penalty to deter future occurrences and to address the seriousness of the offense. Therefore, categorizing the crime at a higher level corresponds with the increased risk and damage caused, ensuring that the consequences are appropriate to the threat posed to the community and businesses affected by such crimes. This approach emphasizes the importance of not only the act of theft itself but also the broader implications of how that act is carried out.