Editing Theft (section)

===United States===
[[File:Theft-p1000763.jpg|thumb|right|[[Bicycle]]s can occasionally be stolen, even when locked up, by removing the wheel or cutting the lock that holds them.]]

In the [[United States]], crimes must be prosecuted in the jurisdiction in which they occurred.<ref>{{cite journal |last1=Levitt |first1=Albert |title=Jurisdiction over Crimes |journal=Journal of Criminal Law and Criminology |date=1926 |volume=16 |issue=3 |page=320 |url=https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1989&context=jclc |access-date=3 July 2019}}</ref> Although federal and state jurisdiction may overlap, even when a criminal act violates both state and federal law, in most cases only the most serious offenses are prosecuted at the federal level.<ref>{{cite web |title=Guide to Criminal Prosecutions in the United States |url=https://www.oas.org/juridico/mla/en/usa/en_usa-int-desc-guide.html |website=Informational Exchange Network for Mutual Assistance in Criminal Matters and Extradition |publisher=Organization of American States |access-date=3 July 2019}}</ref>

The [[Federal government of the United States|federal government]] has criminalised certain narrow categories of theft that directly affect federal agencies or [[interstate commerce]].<ref>See, e.g., {{cite web |title=Justice Manual, Sec. 9-61.000 - Crimes Involving Property |url=https://www.justice.gov/jm/jm-9-61000-crimes-involving-property |website=United States Department of Justice |date=19 February 2015 |access-date=3 July 2019}}</ref> The [[Model Penal Code]], promulgated by the [[American Law Institute]] to help state legislatures update and standardise their laws,<ref>{{cite web |title=Model Penal Code |url=https://www.ali.org/publications/show/model-penal-code/ |website=American Law Institute |access-date=8 November 2021}}</ref> includes categories of theft by unlawful taking or by unlawfully disposing of property, theft by deception ([[fraud]]), theft by [[extortion]], theft by failure to take measures to return lost or mislaid or mistakenly delivered property, theft by receipt of stolen property, theft by failing to make agreed disposition of received funds, and theft of [[Service (economics)|services]].<ref name=CL>{{cite book |last1=Kaplan |first1=John |title=Criminal law: cases and materials |date=2012 |publisher=Wolters Kluwer Law & Business/Aspen Publishers |location=New York |isbn=978-1-4548-0698-1 |pages=1090–3 |edition=7th}}</ref>

Although many [[U.S. state]]s have retained [[larceny]] as the primary offense,<ref>See, ''e.g.'', N.Y. Penal law sections 155.00-155.45, found at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS NY Assembly official web site]. Accessed March 17, 2008.</ref> some have now adopted theft provisions.

{{anchor|Grand theft|Petit theft|Petty theft}}'''''Grand theft''''', also called ''[[grand larceny]]'', is a term used throughout the United States designating theft that is large in magnitude or serious in potential [[Penology|penological]] consequences. Grand theft  is contrasted with '''''petty theft''''', also called '''''petit theft''''', that is of smaller magnitude or lesser seriousness.

Theft laws, including the distinction between grand theft and petty theft for cases falling within its jurisdiction, vary by state.  This distinction is established by statute, as are the penological consequences.<ref>{{cite web|last1=John|first1=Gramlich|last2=Zafft|first2=Katie|title=Updating State Theft Laws Can Bring Less Incarceration—and Less Crime|url=http://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2016/03/31/updating-state-theft-laws-can-bring-less-incarceration-and-less-crime|website=Pew Charitable Trusts|access-date=25 October 2017|date=31 March 2016}}</ref>  Most commonly, statutes establishing the distinction between grand theft and petty theft do so on the basis of the value of the money or property taken by the thief or lost by the victim, with the dollar threshold for grand theft varying from state to state. Most commonly, the penological consequences of the distinction include the significant one that grand theft can be treated as a [[felony]], while petty theft is generally treated as a [[misdemeanor]].

In some states, grand theft of a vehicle may be charged as "grand theft auto" (see [[motor vehicle theft]] for more information).

Repeat offenders who continue to steal may become subject to [[life imprisonment]] in certain states.<ref>See ''Rummel v. Estelle'', {{ussc|445|263|1980}} (upholding life sentence for fraudulent use of a credit card to obtain $80 worth of goods or services, passing a forged check in the amount of $28.36, and obtaining $120.75 by false pretenses) and ''Lockyer v. Andrade'', {{ussc|538|63|2003}} (upholding sentence of 50 years to life for stealing videotapes on two occasions).</ref>

Sometimes the federal anti-theft-of-government-property law {{USC|18|640}} is used to prosecute cases where the [[Espionage Act]] would otherwise be involved, the theory being that by retaining sensitive information, the defendant has taken a 'thing of value' from the government. For examples, see the [[Amerasia]] case and ''[[United States v. Manning]]''.

==== Alabama ====
When stolen property exceeds the amount of $500 it is a felony offense.<ref>{{Cite web|url=https://www.lawserver.com/law/state/alabama/al-code/alabama_code_13a-8-4-1|title=» Alabama Code 13A-8-4.1. Theft of property in the third degreeLawServer|website=www.lawserver.com|language=en|access-date=2017-12-14}}</ref> If property is less than $500, then it is a Class A misdemeanor.<ref>{{Cite web|url=https://www.lawserver.com/law/state/alabama/al-code/alabama_code_13a-8-5|title=» Alabama Code 13A-8-5. Theft of property in the fourth degreeLawServer|website=www.lawserver.com|language=en|access-date=2017-12-14}}</ref> Unlike some other states, [[shoplifting]] is not defined by a separate statute but falls under the state's general theft statute.<ref>{{cite web|title=Busted: What Happens When Shoplifters|url=http://nhpr.org/post/busted-what-happens-when-shoplifters-get-caught#stream/0|website=Talk of the Nation|publisher=NHPR|access-date=14 December 2017|date=15 November 2012}}</ref>

====Alaska====
The Alaska State Code does not use the terms ''grand theft'' or ''grand larceny''.  However, it specifies that theft of property valued at more than $1,000 is a felony whereas thefts of lesser amounts are misdemeanors.  The felony categories (class 1 and class 2 theft) also include theft of firearms; property taken from the person of another; vessel or aircraft safety or survival equipment; and of access devices.<ref>{{cite web|title=Alaska Statutes, Sec. 11.46.130|url=http://www.legis.state.ak.us/basis/statutes.asp#11.46.130|website=Alaska State Legislature|access-date=25 October 2017}}</ref>

====Arizona====
Felony theft is committed when the value of the stolen property exceeds $1000. Regardless of the value of the item, if it is a firearm or an animal taken for the purpose of animal fighting, then the theft is a Class 6 Felony.<ref>{{cite web|title=Arizona Revised Statutes, Sec. 13-1802. Theft; classification; definitions|url=https://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/01802.htm&Title=13&DocType=ARS|website=Arizona State Legislature|access-date=25 October 2017}}</ref>

====California====
The [[Theft Act of 1927]] consolidated a variety of common law crimes into theft.  The state now distinguishes between two types of theft, grand theft and petty theft.<ref>California Penal Code Section 486. For the entire portion of the Penal Code covering theft, [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9 leginfo.ca] {{webarchive|url=https://web.archive.org/web/20100628225209/http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9 |date=2010-06-28 }}</ref> The older crimes of [[embezzlement]], [[larceny]], and [[stealing]], and any preexisting references to them now fall under the theft statute.<ref>California Penal Code Section 490a.</ref>

There are a number of criminal statutes in the California Penal Code defining grand theft in different amounts. Grand theft generally consists of the theft of something of value over $950 (including money, labor or property but is lower with respect to various specified property),<ref>California Penal Code Section 487.</ref> Theft is also considered grand theft when more than $250 in crops or marine life forms are stolen, "when the property is taken from the person of another," or when the property stolen is an automobile, farm animal, or firearm.<ref>{{cite web|title=California Penal Code, Sec. 487|url=http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=487|website=California legislative Information|publisher=California State Legislature|access-date=25 October 2017}}</ref>

Petty theft is the default category for all other thefts.<ref>California Penal Code Section 488.</ref>

Grand theft is punishable by up to a year in jail or prison, and may be charged (depending upon the circumstances) as a [[misdemeanor]] or [[felony]],<ref>California Penal Code Section 489.</ref> while petty theft is a [[misdemeanor]] punishable by a fine or imprisonment not exceeding six months in [[jail]] or both.<ref>California Penal Code Section 490.</ref>

====Florida====
In general, any property taken that carries a value of more than $750 can be considered grand theft in certain circumstances.<ref>{{cite web|title=Florida Statutes, Sec. 812.014, Theft|url=http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.014.html|website=Online Sunshine|publisher=Florida Legislature|access-date=25 October 2017}}</ref>

====Georgia====
In Georgia, when a theft offense involves property valued at $500 or less, the crime is punishable as a misdemeanor. Any theft of property determined to be exceeding $500 may be treated as grand theft and charged as a felony.<ref>{{cite web|title=O.C.G.A. 16-8-12, Penalties for violation of Code Sections 16-8-2 through 16-8-9|url=https://law.justia.com/codes/georgia/2010/title-16/chapter-8/article-1/16-8-12|website=Justia|access-date=25 October 2017}}</ref>

====Hawaii====
Theft in the first or second degree is a felony. Theft in the first degree means theft above $20,000 or of a firearm or explosive; or theft over $300 during a declared emergency.<ref>{{cite web|title=Hawaiii Revised Statutes, Sec. 708-830.5 Theft in the first degree.|url=http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0708/HRS_0708-0830_0005.htm|publisher=Hawaii State Legislature|access-date=25 October 2017}}</ref> Theft in the second degree means theft above $750, theft from the person of another, or agricultural products over $100 or aquacultural products from an enclosed property.<ref>{{cite web|title=Hawaiii Revised Statutes, Sec. 708-831 Theft in the second degree.|url=http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0708/HRS_0708-0831.htm|publisher=Hawaii State Legislature|access-date=25 October 2017}}</ref>

====Illinois====
Theft is a felony if the value of the property exceeds $300 or the property is stolen from the person of another. Thresholds at $10,000, $100,000, and $500,000 determine how severe the punishment can be. The location from which property was stolen is also a factor in sentencing.<ref>{{cite web|title=720 ILCS 5/16-1, Theft|url=http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-1|website=Illinois Compiled Statutes|publisher=Illinois General Assembly|access-date=25 October 2017}}</ref>

====Kentucky====
[[Kentucky Revised Statutes|KRS 514.030]] states that theft by unlawful taking or disposition is generally a Class A misdemeanor unless the items stolen are a firearm, [[anhydrous ammonia]], a controlled substance valued at less than $10,000 or any other item or combination of items valued $500 or higher and less than $10,000 in which case the theft is a Class D felony. Theft of items valued at $10,000 or higher and less than $1,000,000 is a Class C felony. Theft of items valued at $1,000,000 or more is a Class B felony, as is first offense theft of anhydrous ammonia for the express purpose of manufacturing [[methamphetamines]] in violation of KRS 218A.1432. In the latter case, subsequent offenses are a Class A felony.<ref>{{cite web|title=Kentucky Revised Statutes, Sec. 514.030 Theft by unlawful taking or disposition -- Penalties.|url=http://www.lrc.ky.gov/Statutes/statute.aspx?id=42315|website=Kentucky Legislative Research Commission|publisher=Kentucky Legislature|access-date=25 October 2017}}</ref>

====Massachusetts====
In Massachusetts, theft may generally be charged as a felony if the value of stolen property is greater than $250.<ref>{{cite web|title=Crimes & Punishments, Crimes against Property, Chapter 266: Section 30 Larceny; General Provisions and Penalties|url=https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter266/Section30|website=Massachusetts General Laws|publisher=Commonwealth of Massachusetts|access-date=25 October 2017}}</ref>

====Missouri====
Stealing is a [[felony]] if the value of stolen property exceeds $500. It is also a felony if "The actor physically takes the property appropriated from the person of the victim" or the stolen property is a vehicle, legal document, credit card, firearm, explosive, U.S. flag on display, livestock animal, fish with value exceeding $75, captive wildlife, controlled substance, or anhydrous ammonia.<ref>{{cite web|title=RSMO Sec. 570.030. Stealing — penalties.|url=http://revisor.mo.gov/main/OneSection.aspx?section=570.030&bid=33189&hl=|website=Revised Statutes of Missouri|publisher=Revisor of Statutes, State of Missouri|access-date=25 October 2017}}</ref> Stealing in excess of $25,000 is usually a class B felony (sentence: 5–15 years),<ref>{{cite web|title=RSMO Sec. 558.011. Sentence of imprisonment, terms — conditional release.|url=http://revisor.mo.gov/main/OneSection.aspx?section=558.011&bid=29080&hl=|website=Revised Statutes of Missouri|publisher=Revisor of Statutes, State of Missouri|access-date=25 October 2017}}</ref> while any other felony stealing (not including the felonies of [[burglary]] or [[robbery]]) that does not involve chemicals is a class C felony (sentence: up to 7 years). Non-felony stealing is a class A [[misdemeanor]] (sentence: up to 1 year).

====New York====
Grand larceny consists of stealing property with a value exceeding $1000; or stealing a public record, secret scientific material, firearm, credit or debit card, ammonia, telephone with service, or motor vehicle or religious item with value exceeding $100; or stealing from the person of another or by extortion or from an ATM. The degree of grand larceny is increased if the theft was from an ATM, through extortion involving fear, or involved a value exceeding the thresholds of $3,000, $50,000, or $1,000,000.<ref>{{cite web|url=http://ypdcrime.com/penal.law/article155.htm |title=Article 155 - New York State Penal Law Code - Larceny |publisher=Ypdcrime.com |date=2014-01-20 |access-date=2014-02-15}}</ref>

====Vermont====
Grand Larceny:
Value of goods exceed $900 (13 V.S.A. § 2501)

====Virginia====
Grand Larceny:
Value of goods exceed $1000 (Virginia Code § 18.2-95)

====Washington State====
Theft of goods valued between $750 and $5000 is second-degree theft, a Class C [[felony]].<ref>{{cite web| url = http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.56.040| title = RCW 9A.56.040}}</ref>  Theft of goods valued above $5000, of a search-and-rescue dog on duty, of public records from a public office or official, of metal wire from a utility, or of an access device, is a Class  B felony,<ref>{{cite web| url = http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.56.030| title = RCW 9A.56.030}}</ref> as is theft of
a motor vehicle <ref>{{cite web| url = http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.56.065| title = RCW 9A.56.065}}</ref>
or a firearm.<ref>{{cite web| url = http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.56.300| title = RCW 9A.56.300}}</ref>