Theft; Defined & Punishment Classified

(a)Theft constitutes a felony of the second degree if the amount involved exceeds One Thousand Five Hundred Dollars ($1,500) or if the property stolen is a bus, truck, automobile, aircraft, motorcycle, or motor boat, or in the case of theft by receiving stolen property, if the defendant is in the business of buying and selling stolen property. In the case of theft as a felony of the second degree, the court shall impose a sentence of imprisonment of a minimum term of five

(5)years and may impose a maximum term of up to ten

(10)years; the minimum term imposed shall not be suspended nor may probation be imposed in lieu of the minimum term nor shall parole or work release be granted before completion of the minimum term. The sentence shall include a special parole term of not less than three

(3)years in addition to such term of imprisonment provided, however, that in the case of an offender not previously convicted of a felony or of an offense constituting theft, the court may sentence the offender to not more than five

(5)years imprisonment and the provisions of this subsection prohibiting probation, suspension, parole, or work release shall not be applicable to such offender.

(b)Theft constitutes a felony of the third degree if the amount involved is less than One Thousand Five Hundred Dollars ($1,500.00) but exceeds Five Hundred Dollars ($500.00) or if the property stolen is a firearm or motorized vehicle other than those set forth in Subsection

(a)of this Section, or if the theft is through an unauthorized electrical connection COL9/7/2021 CH. 43 THEFT AND RELATED OFFENSES

(c)Theft not constituting a felony of the second or third degree is a misdemeanor if the amount involved exceeds Fifty Dollars ($50) or if the property stolen is a credit card or if the property was taken from the person or by extortion.

(d)Theft not constituting a felony of the second or third degree or a misdemeanor is a petty misdemeanor.

(e)The amount involved in a theft shall be the fair market value of the property or services which the defendant stole or attempted to steal. Whether or not they have been issued or delivered, written instruments not having a readily ascertained market value shall be evaluated as follows:

(1)The value of an instrument constituting an evidence of a debt, such as a check, draft or promissory note, shall be the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.

(2)The value of any other instrument that creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

(f)Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons or amount [sic] involved in thefts by a servant, agent or employee from his principal or employer in any period of twelve

(12)consecutive months, may be aggregated in determining the grade of the offense.