Theft and Related Crimes

Theft covers a lot of different crimes.  Theft includes everything from theft of lost property, theft of trade secrets, extortion and receiving of stolen property.  We will go over a few of the more common ones in this section.

Theft of Property

Theft of property is defined as:

  • Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property;
  • Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property;
  • Knowingly obtains or exerts control over property in the custody of a law enforcement agency which was explicitly represented to the person by an agent of the law enforcement agency as being stolen; or
  • Knowingly obtains or exerts unauthorized control over any donated item left on the property of a charitable organization or in a drop box or trailer, or within 30 feet of a drop box or trailer, belonging to a charitable organization.

Theft of property (TOP)is divided up into three different classes called degrees.  TOP is the short hand that law enforcement and courts sometimes use for Theft of Property.

TOP 3rd Degree is an Class A Misdemeanor and is defined as unauthorized control over property less than $500.00 in value.

TOP 2 is the catchall of the Theft of Property.  2nd Degree is a Class C Felony and is defined as:

  • Theft of property between $500 and $2,500 in value, and not taken off the person of another.
  • Theft of a credit card or a debit card, regardless of its value.
  • Theft of a firearm, rifle, or shotgun, regardless of its value.
  • Theft of any livestock which includes cattle, swine, horse, or sheep, regardless of their value.
  • Theft of property between $250 and $2,500 in value where the defendant has previously been convicted of a theft of property in the 1st or 2nd Degree or receiving stolen property in the 1st or 2nd Degree.

TOP 1st degree is a Class B Felony and is defined as:

  • Theft of property which exceeds $2,500 in value, or property of any value taken from the person of another.
  • Theft of a motor vehicle, regardless of its value.
  • Theft of property which involves a common plan or scheme by one or more persons, were object of the common plan or scheme is to sell or transfer the property to another person or business that buys the property with knowledge or reasonable belief that the property is stolen, and the aggregate value of the property stolen is at least $1,000 within a 180-day period.

Theft of Loss Property

Theft of lost property is defined as:

  • Actively obtains or exerts control over the property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature or the amount of the property, and with intent to deprive the owner permanently of it, he fails to take reasonable measures to discover and notify the owner.

Theft of Loss Property has 3 Class just like TOP.  3rd Degree is a Class a Misdemeanor and is for property that is less than $500 in value.  2nd Degree is a Class C Felony and is for property that is between $500 and $2,500 in value. 1st Degree is a Class B Felony and is for property that exceeds $2,500 in value.

Theft of Services

Theft of Services is defined as:

  • Obtaining services known by him to be available only for compensation by deception, threat, false token or other means to avoid payment for the services.
  • Having control over the disposition of services of others to which he is not entitled, he knowingly diverts those services to his own benefit or to the benefit of another.

“Services” includes but is not necessarily limited to labor, professional services, transportation, telephone or other public services, accommodation in motels, hotels, restaurants or elsewhere, admission to exhibitions, computer services and the supplying of equipment for use.

Theft of Services has 3 Class just like TOP.  3rd Degree is a Class a Misdemeanor and is for property that is less than $500 in value.  2nd Degree is a Class C Felony and is for property that is between $500 and $2,500 in value. 1st Degree is a Class B Felony and is for property that exceeds $2,500 in value.

Receiving Stolen Property

Receiving Stolen Property is defined as:

If a person:

  • Intentionally receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is received, retained or disposed of with intent to restore it to the owner.

If a person:

  • On two separate occasions within a year prior to the commission of the instant offense of receiving stolen property is found in possession or control of stolen property; or
  • Possesses goods or property which have been recently stolen; or
  • Regularly buys, sells, uses or handles in the course of business property of the sort received, and acquired the property without making reasonable inquiry whether the person selling or delivering the property to him had a legal right to do so, this shall be prima facie evidence that he has the requisite knowledge or belief.

Receiving Stolen Property has 3 Class just like TOP.  3rd Degree is a Class a Misdemeanor and is for property that is less than $500 in value.  2nd Degree is a Class C Felony and is for property that is between $500 and $2,500 in value. 1st Degree is a Class B Felony and is for property that exceeds $2,500 in value.  Receiving Stolen Property 2nd Degree does have the added definition that if a person regularly buys, sells, uses or handles in the course of business property of the sort received, and acquired the property without making reasonable inquiry whether the person selling or delivering the property to him had a legal right to do so, it will be Receiving Stolen Property 2nd Degree.

Extortion

A person commits the crime of extortion if he knowingly obtains by threat control over the property of another, with intent to deprive him of the property.

Extortion 2nd Degree is a Class C Felony and is defined as:

  • Extortion by means of a threat to cause damage to property; threat to engage in other conduct constituting a crime; threat to do any other act which would not in itself substantially benefit the actor but which is calculated to harm substantially another person with respect to his or her health, safety, business, calling, career, financial condition, reputation, or personal relationships.

Extortion 1st Degree is a Class B Felony and is defined as:

  • Extortion by means of a threat to cause physical harm to the person threatened or to any other person, or subject the person threatened or any other person to physical confinement or restraint.

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