Theft crimes involve a wide range of unlawful conduct, including petty and grand larceny, receiving stolen property, shoplifting, and theft of lost property.
Theft is a crime that sometimes goes by the title "larceny." In general, theft occurs when someone takes and carries away someone else's property without permission and with the intent to permanently deprive the owner of it. Statutes establish different kinds of theft crimes and their penalties.
Petty Theft vs. Grand Theft
Some states have two types of theft—petty theft and grand theft—that are based on the seriousness of the crime. In many instances, the seriousness of a theft crime hinges on the value or type of property stolen.
Petty theft, as you might have guessed, reflects minor theft crimes. A statute might define petty theft as stealing property worth less than $500. Most petty theft crimes carry misdemeanor penalties.
Grand theft, on the other hand, generally involves more valuable property. For instance, laws in many states consider a theft to be grand theft when:
- the property taken is worth more than a minimum amount (perhaps $1,000 or more)
- the defendant takes the property directly from a person but by means other than force or fear (If force or fear were used, the crime would be robbery), or
- a particular type of property is stolen (such as a car, firearm, or animal, regardless of its actual market value).
A conviction for grand theft will typically come with felony penalties that increase as the seriousness of the crime increases.
Other terms. In states that don't use the terms "petty and grand theft," you might see various degrees of theft (such as first-, second-, and third-degree theft) or simply misdemeanor and felony theft. Regardless of the term, most states divide theft crimes by seriousness and impose penalties accordingly.
Theft of Merchandise: Shoplifting
Some states have laws that set out the crime of shoplifting or retail theft. Others might prosecute what we think of as shoplifting crimes with broader theft statutes. Either way, at its essence, shoplifting is the crime of taking goods from a store without first paying for them.
Here's what a definition of shoplifting might look like:
- knowingly taking possession of or carrying away merchandise that was for sale at a place of retail
- without the merchant's knowledge or consent
- while intending to keep the merchandise or otherwise permanently deprive the merchant of it, and
- without paying the purchase price for it.
Hiding the merchandise can also be an element of shoplifting. Some states have a separate crime along the lines of "willful concealment" of merchandise, which makes it a crime for a defendant to intentionally concealing goods while still on the store's premises.
Theft Involving Lost Property
Keeping lost property can qualify as theft if the finder could reasonably return the property to its owner. For example, if Sue is bicycling along a deserted lane and sees a $100 bill floating on a puddle next to the curb, Sue would not be guilty of theft if she kept it. However, the situation is different if, as she's bicycling, she sees Charles drop a $100 bill as he is getting out of the car. Charles is unaware that he has dropped the money and begins to walk away. If Sue rides over, picks up the $100 bill, and keeps it, she has likely committed theft. Because Sue knows that the money belongs to Charles and has a reasonable opportunity to return it to him, she commits theft by not attempting to return the money to him. From a legal standpoint, Sue's keeping the money when she could easily return it to its rightful owner is known as a "constructive" taking.
Theft Involving Stolen Property
Buying or keeping stolen property usually translates into a crime popularly known as receiving stolen goods. To convict a defendant of receiving stolen goods, the government normally has to prove that property in the defendant's possession was stolen, and that the defendant acquired the property knowing that it was stolen. The government usually has to rely on circ*mstantial evidence to try to prove that the defendant had the necessary state of mind. Usually, the government's case relies on evidence that would have alerted any reasonable person that the items were hot.
Getting Legal Help
There are many kinds of theft crimes, including ones not discussed in this article. For information on the law on such a crime in your jurisdiction, consult an attorney. If you face charges, a criminal defense lawyer with experience in the local court system and with cases like yours should be able to explain the relevant law and procedure.
FAQs
You may be charged with petty theft for taking money or property valued less than $950. Petty theft is a misdemeanor and carries a maximum punishment of up to six months in county jail and/or a fine of up to $1,000. Grand theft involves taking money or property valued more than $950.
What is the highest form of theft? ›
Maybe they just think of your average home invasion where someone's television is taken while they're at work. But none of these things come anywhere close to the biggest type of theft in the United States: wage theft. Every year, corporations steal billions of dollars in wages from their own workers.
What is the difference between grand theft auto and petty theft auto? ›
While some larceny crimes are deemed “petty crimes” because of the low value of the items stolen, grand theft auto ascribes a more severe charge to a larceny crime because the item (the car) is worth so much. Grand theft auto is typically charged as a felony and can result in jail time of a year or more.
What is the difference in a charge of grand theft v that of petit theft? ›
In most cases, if the total value of the stolen goods is $500 or less, the theft is considered petty and may carry misdemeanor charges. For goods valued in excess of $500, the theft is considered grand and may carry felony charges.
What dollar amount separates grand theft and petty theft? ›
California Penal Code § 487 defines “grand theft” as stealing more than $950 worth of personal property, real estate, money, or labor. Stealing $950 or less is treated as the lesser crime of petty theft.
What is the lowest form of theft? ›
Petty theft, as you might have guessed, reflects minor theft crimes. A statute might define petty theft as stealing property worth less than $500. Most petty theft crimes carry misdemeanor penalties. Grand theft, on the other hand, generally involves more valuable property.
What is the lowest felony theft amount? ›
Felony Threshold by State
The majority of states have a felony theft threshold between $1,000 and 1,500. In twenty-two states, you will be charged with a felony if you steal more than $1,000 in goods. In Massachusetts and Nevada, the threshold is $1,200.
Is grand theft auto a felony? ›
What Is Grand Theft Auto? Grand theft auto is a felony theft offense. Some states have a separate crime specific to stealing vehicles, while other states include it in their general felony theft laws.
What makes grand theft? ›
You may be charged with Grand Theft if you are suspected of stealing property valued $300 or more. In addition to jail time and substantial fines, a grand theft conviction is something you will have to carry around forever if you are found guilty of this crime.
Why is it called grand theft? ›
Grand theft, also called grand larceny, designates theft that is large in magnitude or serious in penological consequences. Grand theft is contrasted with petty theft, theft that is of smaller magnitude or lesser seriousness.
If you're convicted of a misdemeanor act of shoplifting, the penalty may be six months in a county jail, a $1,000 fine, or both a fine and jail time. However, if you're convicted of a felony, the penalty for a first offense may be up to three years in a state prison and/or a fine of up to $10,000.
What is another name for petty theft? ›
Larceny generally refers to nonviolent theft and is usually a misdemeanor. Examples of Petty Theft/Larceny: Student leaves his wallet in an unlocked locker in the gym.
Why is it called petty theft? ›
Petty Theft is illegally taking someone else's property while legally being on the other party's premises. The word petty means of little consequence or importance. The value thresholds vary from state to state, but in general the value of the property stolen is below $1000.
What is the practice of petty theft? ›
Petty theft is the unlawful acquisition of a person or business's property without their consent whose value does not exceed a certain amount. In most cases this amount is $950. Related offenses include grand theft, burglary, embezzlement, defrauding an innkeeper, and robbery.
What is grand theft auto crime? ›
The definition of grand theft auto is to take someone else's car, without permission and with the intent permanently or significantly to deprive the owner of it.
What is the crime value for grand theft auto? ›
Grand Theft Auto (GTA) Under California Law
You will face grand theft auto charges under Penal Code 487(d)(1) for taking another person's vehicle valued at $950 or more without his/her permission and with the intention of depriving the owner of the car.
What is the biggest theft in America? ›
On September 12, 1997, six men robbed the Dunbar Armored facility on Mateo St. in Downtown Los Angeles, California of US$18.9 million (equivalent to $35.9 million in 2023).
Is wage theft worse than shoplifting? ›
Estimates of the scale of both phenomena are all over the map, but run into billions of dollars a year. Yet it's reasonable to conclude that, in terms of the direct impact on households, wage theft is the bigger deal. Let's take a look, starting with what retailers call “shrink.”
What is the most common theft in the US? ›
On top of that, robbery tends to cost its victims more than larceny theft, which is the most common crime in the U.S. According to FBI data, the average value taken during a robbery is $2,119, which is nearly double compared to larceny ($1,153).
What is worse than theft? ›
Robbery encompasses a theft (or attempted theft) plus force or intimidation. It is the use or theft of force that makes robbery, in most cases, the more serious crime. Defend your rights. We've helped 95 clients find attorneys today.
