Definition of Theft
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A person commits theft if he/she obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof. "Purpose to deprive" means to have the conscious object to:(a) withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof, would be lost; or (b) to restore the property only upon payment of a reward or other compensation; or (c) to dispose of the property under circumstances that make it unlikely that the owner will recover it.
Classifications​
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Theft is a second degree felony if: (1) the value of the property stolen is more than $5,000; (2) the theft was of a firearm or an operable motor vehicle; (3) the actor was armed with a dangerous weapon when the theft occurred; (4) the property is stolen from the person of another.
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Theft is a third degree felony if the value of the property stolen is between $1,500 and $5,000.
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Theft is a class A misdemeanor if the value of the property stolen is between $500 and $1,500.
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Theft is a class B misdemeanor if the value of the property stolen is less than $500.
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Definition of Intent
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In order to convict a person of theft, the prosecution needs to prove that the defendant intended to commit a theft. A person engages in conduct intentionally, or with intent or willfully with respect to the nature of his conduct or to a result of his conduct, when it is his conscious objective or desire to engage in the conduct or cause the result.
Enhancement​
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Theft is an enhanceable offense, meaning that as the defendant collects prior convictions, the levels and penalties increase for subsequent convictions.
Theft is a third degree felony if a defendant has two prior theft convictions within 10 years and one of the previous convictions is a Class A misdemeanor.
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Theft is a class A misdemeanor if a defendant has two prior theft convictions within 10 years.
Defenses to Theft Cases
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The following are recognized defenses to theft.
The defendant:
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(a) Acted under an honest claim of right to the property or service involved; or
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(b) Acted in the honest belief that he had the right to obtain or exercise control over the property or service as he did; or
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(c) Obtained or exercised control over the property or service honestly believing that the owner, if present, would have consented.
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(d) Lacked the intent to deprive the rightful owner of the property.