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Theft and Property Valued Offenses - Values Increased
Act 2003-355(HB 491)                       Effective September 1, 2003

This Act amends sections 13A-8-3 relating to Theft of Property in the 1st degree, 13A-8-7 relating to theft of lost property in the first degree, 13A-8-10.1 relating to theft of services in the first degree and 13A-8-17 relating to receiving stolen property in the first degree, all Class B felonies, to increase the value of the property stolen or received to more than $2,500. In addition, sections 13A-8-4 relating to theft of property in the second degree, 13A-8-8 relating to theft of lost property in the second degree, 13A-8-10.2 relating to theft of services in the 2nd degree, 13A-8-18 relating to receiving stolen property in the second degree and 13A-8-23 relating to felony utility theft, all Class C felonies, are amended to increase the value of the property stolen or received to property valued over $500 but not more than $2,500.00. Sections 13A-8-1 relating to the value of property that cannot be ascertained, 13A-8-5 relating to theft of property in the third degree, 13A-8-9, relating to theft of lost property in the third degree, 13A-8-10.3 relating to theft of services in the third degree, 13A-8-19 relating to receiving stolen property in the third degree and 13A-8-23 relating to misdemeanor utility theft, all Class A misdemeanors are also amended to increase the value of the property involved to $500 or less. To be consistent with revised values of the theft statutes, the Act also amends the following property valued statutes: 13A-7-21, 22 and 23 - Criminal Mischief in the first, second and third degrees, 13A-9-73, 74 and 75 - charitable fraud in the first, second and third degrees, 13A-9-91 - illegal possession of food stamps in the first, second and third degrees, 13A-8-102(d)(3) - offenses against intellectual property, 13A-8-144 - fraudulent leasing/rental of property, and 13A-8-72 - identity theft in the first and second degrees and defacement of public property.

Retail Association's Amendments An escalator provision was also included for the offense of theft of property in the 2nd degree and receiving stolen property in the 2nd degree to provide lower values of property for defendants with prior convictions of theft 1st or 2nd or receiving stolen property in the 1st or 2nd degrees. Under current law, the value of property subject to theft of property 2nd is decreased if the defendant is a repeat theft offender. The amendments provide that the theft of property which exceeds $250 in value (was $100) but does not exceed $2500.00 (was $1,000) that is not taken from the person of another constitutes theft of property in the 2nd degree if the defendant has previously been convicted of theft of property 1st or 2nd or receiving stolen property in the 1st or 2nd degrees. In addition to adding "receiving stolen property 1st or 2nd " as a prior offense, a similar escalator clause was added to 13A-8-17, receiving stolen property in the second degree.

Municipal Court Clerks' Association Amendment

A separate provision was included to increase the fine jurisdiction for municipal courts to $1,000 for persons "convicted for violating any misdemeanor in this act adopted as a municipal ordinance violation or adjudicated as a youthful offender."

Following is a graphic display of the amendments to the 31 theft and property offenses affected:

Class B Felony >>$2500 
Class C Felony >>$500 to $2500 
Class A Misdemeanor $500 or less
  
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THEFT STATUTES

Theft of Property

1st Degree  13A-8-3

Over $1,000    $2,500

Class B Felony
(2-20 years)

 

2nd Degree  13A-8-4

 over $250 to  $1000

over $500 to $2,500

 over $100 to $1000

over $250 to $2500

if prior conviction of theft 1st or 2nd  or receiving stolen property 1st or 2nd

Class C Felony

(1yr. 1day-10 yrs.)
 

3rd Degree 13A-8-5

$250   $500 or less

Class A misdemeanor

 

Theft of Lost Property

1st Degree  13A-8-7

 

Over $1,000
$2,500

Class B Felony
(2-20 years)

2nd Degree 13A-8-8

over $100 to  $1000

over $500 to $2500

Class C Felony
(1yr. 1day-10 yrs.)
 

3rd Degree 13A-8-9

 

$100   $500 or less

Class A Misdemeanor
Theft of Services

1st Degree 13A-8-10.1

Over $2,000  $2,500

Class B Felony
(2-20 years)

2nd Degree  13A-8-10.2
over $100 to $2,000

over $500 to $2500

Class C Felony

3rd Degree 13A-8-10.3

 

$100 $500 or less

Class A Misdemeanor
 
Receiving Stolen Property

1st Degree 13A-8-17

Over $1,000  $2,500

Class B Felony
(2-20 years)

2nd Degree 13A-8-18

over $100 to $1000

over $500 to $2500

$250-$2500 if prior conviction for theft 1st or 2nd or Receiving 1st or 2nd

Class C Felony
(1yr. 1 day 10 yrs)
 

3rd Degree 13A-8-19

$100 $500  or less

Class A Misdemeanor

Utility Theft

13A-8-23

 

 

Over $100 

Over $500

Class C Felony

 

$100 $500 or less

Class A Misdemeanor

 

MORE PROPERTY VALUED  STATUTES

Criminal Mischief

1st Degree  13A-7-21


Damage inflicted more than $1000   $2500

Class C felony

2nd Degree 13A-7-22

Damage over $250 $500 but not more than $1000  $2500

Class A Misdemeanor
 

3rd Degree 13A-7-23

Damage Not Exceeding $250       $500

Class B Misdemeanor

Charitable Fraud

1st Degree  13A-9-73(a)

Over $1000 $2500 in value

Class B felony

2nd Degree  13A-9-74(a)

Over $100 $500 but not more than $1,000 $2500

Class C Felony
 

3rd Degree  13A-9-75(a)

Not over $100 $500

Class A Misdemeanor
Illegal Possession of Food Stamps

1st Degree 13A-9-91(b)

Exceeds $1000
$2500
in value
                              Class B Felony

2nd Degree 13A-9-91(c)

Exceeds $100 500 but not more than $1,000 $2500            

Class C Felony
 

3rd Degree 13A-9-91(d)

Does not Exceed $100 $500

Class A Misdemeanor

Offenses Against Intellectual Property

 

13A-8-102(d)(3)

Damage of over $2,500 or greater or causes interruption in transportation, gas, water, public or other utility service                            Class B felony
 

   
Fraudulent Leasing/Rental of Property  

13A-8-144 

Property in Excess of $100 $500

Class C Felony

13A-8-144 

Property of $100 $500 or less

Class A Misdemeanor
 
Identity Theft  

13A-8-192(b)  1st Degree

Resulting in Financial Loss of greater than $250 $500

Class C Felony

13A-8-192(c)  2nd Degree

Resulting in Financial Loss of $250 $500 or less

Class A Misdemeanor
 
Defacement of Public Property

13A-8-72(b)
    

Over $1000 $2500
Defacing, removing traffic sign, public building or public property

Class C felony

13A-8-72 (c)

Over $250 $500 but less than $1000 $2500

Class A Misdemeanor

13A-8-72(d)

Less than $250 $500

Class B Misdemeanor

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