Chapter 21: Crimes And Punishments

PART II.--PROHIBITED CONDUCT

Article 37: Crimes Against Property

Statute 21-3701: Theft. (a) Theft is any of the following acts done with intent to deprive the owner permanently of the possession, use or benefit of the owner's property:

      (1)   Obtaining or exerting unauthorized control over property;

      (2)   obtaining by deception control over property;

      (3)   obtaining by threat control over property; or

      (4)   obtaining control over stolen property knowing the property to have been stolen by another.

      (b) (1)   Theft of property of the value of $100,000 or more is a severity level 5, nonperson felony.

      (2)   Theft of property of the value of at least $25,000 but less than $100,000 is a severity level 7, nonperson felony.

      (3)   Theft of property of the value of at least $1,000 but less than $25,000 is a severity level 9, nonperson felony.

      (4)   Theft of property regardless of the value from three separate mercantile establishments within a period of 72 hours as part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct is a severity level 9, nonperson felony.

      (5)   Theft of property of the value of less than $1,000 is a class A nonperson misdemeanor.

      (6)   Theft of property of the value of less than $1,000 is a severity level 9, nonperson felony if committed by a person who has been convicted of theft two or more times.

      (c)   Conviction of a violation of a municipal ordinance prohibiting acts which constitute theft as defined by this section shall be considered a conviction of theft for the purpose of determining the number of prior convictions and the classification of the crime under this section.

      History:   L. 1969, ch. 180, § 21-3701; L. 1972, ch. 116, § 1; L. 1978, ch. 120, § 29; L. 1984, ch. 119, § 2; L. 1988, ch. 113, § 2; L. 1992, ch. 298, § 39; L. 1993, ch. 291, § 64; L. 1994, ch. 291, § 26; L. 2001, ch. 208, § 5; L. 2002, ch. 123, § 2; L. 2004, ch. 175, § 1; July 1.