Theft

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Theft (39-14-103,39-14-104,39-14-101)

Theft offenses methods include: embezzlement, false pretense, fraudulent conversion, larceny, receiving or concealing stolen property, and other similar offenses.

Theft of Property:

A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner’s effective consent.

Theft of Services:

  1. Intentionally obtains services by deception, fraud, coercion, false pretense or any other means to avoid payment for the services;
  2. Having control over the disposition of services to others, knowingly diverts those services to the person’s own benefit or to the benefit of another not entitled thereto; or
  3. Knowingly absconds from establishments where compensation for services is ordinarily paid immediately upon the rendering of them, including, but not limited to, hotels, motels and restaurants, without payment or a bona fide offer to pay.

Similar offences include: Extortion (39-14-112), Forgery (39-14-114), Illegal possession or fraudulent use of credit or debit card (39-14-118), Issuing false financial statement (39-14-120), Deceptive business practices (39-14-127), Filing false or fraudulent insurance claims (39-14-133), Passing worthless checks (39-14-121), and Falsifying educational and academic records (39-14-136).

The offense is graded as a misdemeanor or felony depending on the value of goods or services that are unlawfully obtained, according to the following criteria:

  1. Class A misdemeanor if the value of the property or services obtained is five hundred dollars ($500) or less;
  2. Class E felony if the value of the property or services obtained is more than five hundred dollars ($500) but less than one thousand dollars ($1,000);
  3. Class D felony if the value of the property or services obtained is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000);
  4. Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000); and
  5. Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more.

Penalties vary based on the classification of the offense:

  1. Class A Misdemeanor. Imprisonment not greater than eleven (11) months, twenty-nine (29) days or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute.
  2. Class E Felony. Imprisonment not less than one (1) year nor more than six (6) years. In addition, the jury may assess a fine not to exceed three thousand dollars ($3,000), unless otherwise provided by statute.
  3. Class D Felony. Imprisonment not less than two (2) years nor more than twelve (12) years. In addition, the jury may assess a fine not to exceed five thousand dollars ($5,000), unless otherwise provided by statute.
  4. Class C Felony. Imprisonment not less than three (3) years nor more than fifteen (15) years. In addition, the jury may assess a fine not to exceed ten thousand dollars ($10,000), unless otherwise provided by statute.
  5. Class B Felony. Imprisonment not less than eight (8) nor more than thirty (30) years. In addition, the jury may assess a fine not to exceed twenty-five thousand dollars ($25,000), unless otherwise provided by statute.

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