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Consolidated Theft Grading

17 February, 2016 - 11:05
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Grading under consolidated theft statutes depends primarily on the value of the stolen property. Theft can be graded by degrees  1 or as petty theft, which is theft of property with low value, and grand theft, which is theft of property with significant value. 2 Petty theft or theft of the second or third degree is generally a misdemeanor, while grand theft or theft of the first degree is generally a felony, felony-misdemeanor, or gross misdemeanor, depending on the amount stolen or whether the item stolen is a firearm.  3 The Model Penal Code grades theft as a felony of the third degree if the amount stolen exceeds five hundred dollars or if the property stolen is a firearm, automobile, airplane, motorcycle, or other motor-propelled vehicle (Model Penal Code § 223.1(2)). The Model Penal Code grades all other theft as a misdemeanor or petty misdemeanor (Model Penal Code § 223.1(2)). When determining the value of property for theft, in many jurisdictions, the value is market value, and items can be aggregated if they were stolen as part of a single course of conduct. 4 The Model Penal Code provides that “[t]he amount involved in a theft shall be deemed to be the highest value, by any reasonable standard…[a]mounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade or the offense” (Model Penal Code § 223.1(2) (c)).

Table 11.1 Comparing Larceny, Larceny by Trick, False Pretenses, and Embezzlement

Crime

Criminal Act

Type of Property

Criminal Intent

Attendant Circumstance

Harm

Larceny

Taking control plus asportation

Personal

Specific or purposely to deprive victim permanently*

Victim’s property (applies to all four theft crimes), lack of victim consent

Property loss

Larceny by trick

Taking by a false represent-
ation of fact

Personal

Specific or purposely to deceive*

Victim reliance on false represent-
ation

Victim loses possession of property

False pretenses

Taking by a false represent-
ation of fact

Personal, real, services

Specific or purposely to deceive*

Victim reliance on false represent-
ation

Victim loses ownership of property

Embezzl-
ement

Conversion

Personal, real

Specific or purposely to deprive victim temporarily or permanently*

Relationship of trust and confidence between defendant and victim (some jurisdictions)

Property loss either temporary or permanent

*Some jurisdictions include general intent or knowingly to commit the criminal act.

Note: Grading under consolidated theft statutes is based primarily on property value; market value is the standard, and property can be aggregated if stolen in a single course of conduct.

 
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