LOOTER Act Federalizes Petty Theft During Disasters, Imposing Up to 5 Years in Prison

The “Law On Offender Transgressions during Emergencies and Recovery Act of 2025,” or the LOOTER Act, creates brand-new federal crimes for theft committed during a natural disaster. Specifically, if a county is under an official emergency declaration (the kind made under the Stafford Act), stealing anything—whether it's a candy bar or a car—can now land you in federal court. This move shifts offenses traditionally handled by local police and state courts into the federal system, bringing significantly harsher penalties.

When Does Stealing Become a Federal Crime?

The key trigger here is the Stafford Act declaration. Once the federal government recognizes a county is dealing with a major disaster, Section 2 of this bill kicks in. If someone commits petit larceny (stealing something of lower value) during that emergency period, they face up to one year in federal prison, plus a fine. If they commit grand larceny (stealing something of higher value), the stakes jump dramatically to up to five years in federal prison, plus a fine. This means the severity of the punishment is now tied directly to the presence of a disaster declaration, regardless of the typical state-level penalties for the same crime.

The Real-World Impact on Regular Folks

For most people, the idea of federalizing crimes like grand larceny during a disaster might sound like a good way to deter organized looting when a community is at its most vulnerable. And yes, stronger penalties might discourage large-scale, coordinated theft targeting abandoned businesses or homes. However, the inclusion of petit larceny is where things get tricky and potentially disproportionate. Since 'petit larceny' thresholds vary wildly by state—sometimes defined as stealing anything under a few hundred dollars—this bill risks federalizing minor offenses.

Imagine a scenario during a major hurricane where a parent, unable to access cash or functioning stores, takes a few items of food or diapers from a damaged, unguarded convenience store. Under this new law, that act of desperation, which might typically result in a local misdemeanor or community service, could now be prosecuted federally, carrying a potential one-year prison sentence. This focus on federalizing petty theft during times of extreme stress and economic disruption raises serious concerns about overcriminalization, particularly impacting low-income or marginalized communities struggling to survive the aftermath of a disaster.

The Challenge of Defining “Stealing”

One significant wrinkle is the bill’s reliance on the terms “petit larceny” and “grand larceny.” Since these are usually defined by state laws—often based on the dollar value of the stolen goods—applying a uniform federal penalty without a clear, consistent federal definition creates potential inconsistencies. A theft that might be a misdemeanor in one state could become a harsh federal felony in another, simply because the state’s definition of “grand larceny” is lower. While the intent might be to crack down on organized crime taking advantage of chaos, the broad language ensures that any theft, no matter how small, committed under the shadow of a disaster declaration, falls under the heavy hammer of federal law enforcement. This expansion of federal power into traditionally local matters means more people could face much longer sentences for crimes that are often driven by desperation during a crisis.