Title 3 — Offenses Against Property
Chapter 3A — Theft and unlawful appropriation
Theft includes unlawfully taking, exercising control over, withholding, receiving by deception, or obtaining services or property with intent to deprive the owner. Amounts may be aggregated when part of one scheme or course of conduct.
| Section | Offense | Grade | Elements |
|---|---|---|---|
| § 3.01 | Petty theft — under $500 | M3 | Commits theft of property or services valued below $500. |
| § 3.02 | Theft — $500 to $1,499 | M2 | Commits theft valued from $500 through $1,499. |
| § 3.03 | Grand theft — $1,500 to $4,999 | M1 | Commits theft valued from $1,500 through $4,999. |
| § 3.04 | Felony theft — $5,000 to $24,999 | F5 | Commits theft valued from $5,000 through $24,999. |
| § 3.05 | Major theft — $25,000 or more | F4 | Commits theft valued at $25,000 or more. F3 at $100,000 or more. |
| § 3.06 | Shoplifting | Same grade as value | Conceals, alters price information, transfers packaging, or passes a point of sale with intent to deprive a merchant. |
| § 3.07 | Theft of services | Same grade as value | Intentionally obtains labor, utilities, lodging, transport, communications, or professional services by deception, threat, tampering, or absconding. |
| § 3.08 | Embezzlement | One grade above theft by value; maximum F3 | Entrusted with property or funds, knowingly converts them to an unauthorized use with intent to deprive. |
| § 3.09 | Theft from a vulnerable person | One grade above theft by value; maximum F3 | Commits theft knowing the victim is an elder, dependent adult, or person whose impairment substantially limits self-protection. |
| § 3.10 | Theft of a firearm or emergency equipment | F4 | Steals a firearm, body armor, police radio, emergency medical equipment, or public-safety equipment regardless of value. |
| § 3.11 | Theft of government property | One grade above theft by value; maximum F3 | Steals public property, evidence, official records, or property held in government custody. |
| § 3.12 | Unlawful use of property | M2 | Temporarily uses property without consent but without intent to permanently deprive, excluding motor vehicles governed by § 3.31. |
| § 3.13 | Possession of stolen property | Same grade as theft by value | Knowingly possesses, conceals, sells, or disposes of property known or reasonably believed to be stolen. |
| § 3.14 | Organized retail theft | F4 | In concert with another, steals or traffics retail merchandise as part of an organized scheme. F3 if aggregate value is $25,000 or more. |
Chapter 3B — Robbery, burglary, and trespass
| Section | Offense | Grade | Elements |
|---|---|---|---|
| § 3.20 | Robbery | F4 | In the course of theft, uses force or threatens imminent bodily injury. |
| § 3.21 | Armed robbery | F3 | Commits robbery while using, displaying, or representing possession of a deadly weapon. |
| § 3.22 | Aggravated robbery | F2 | Armed robbery causing serious injury, involving multiple victims, targeting a bank or armored carrier, or involving hostage taking. |
| § 3.23 | Burglary in the third degree | F5 | Enters or remains unlawfully in a building with intent to commit a crime therein. |
| § 3.24 | Burglary in the second degree | F4 | Commits burglary of a dwelling, occupied building, secured vehicle, critical facility, or with burglary tools. |
| § 3.25 | Burglary in the first degree | F3 | Commits burglary while armed, causes injury, threatens an occupant, or enters an occupied dwelling at night. |
| § 3.26 | Possession of burglary tools | M1 | Possesses tools, devices, keys, codes, or instruments adapted or intended for burglary or theft, with criminal intent. |
| § 3.27 | Criminal trespass | M3 | Knowingly enters or remains unlawfully after notice, fencing, signage, or an order to leave. |
| § 3.28 | Aggravated trespass | M1 | Trespasses in a dwelling, secured government facility, hospital treatment area, utility facility, airport operations area, or while armed. |
| § 3.29 | Unlawful occupancy or squatting | M2 | Knowingly occupies real property without colorable right and refuses a lawful demand or court order to vacate. Civil landlord-tenant disputes are excluded. |
Chapter 3C — Motor-vehicle property offenses
| Section | Offense | Grade | Elements |
|---|---|---|---|
| § 3.30 | Grand theft motor vehicle | F4 | Knowingly takes, obtains, or exercises unauthorized control over a motor vehicle with intent to deprive the owner. |
| § 3.31 | Unauthorized use of a motor vehicle | M1 | Operates or retains a vehicle without consent but without intent to permanently deprive. |
| § 3.32 | Carjacking | F3 | Takes or attempts to take an occupied vehicle from a person by force or threat. Use of a deadly weapon or serious injury is F2. |
| § 3.33 | Vehicle burglary | F5 | Enters a vehicle without consent with intent to commit theft or another crime. An unlocked entry may be charged as M1 when no damage occurs and value sought is under $1,500. |
| § 3.34 | Vehicle tampering | M2 | Knowingly damages, enters, manipulates, hot-wires, disables, or removes a component from a vehicle without consent. |
| § 3.35 | Possession of a stolen vehicle | F4 | Knowingly possesses, receives, conceals, dismantles, transports, or sells a stolen vehicle. |
| § 3.36 | Chop-shop operation | F3 | Owns, operates, or knowingly supplies premises used to alter, dismantle, conceal, or traffic stolen vehicles or major components. |
| § 3.37 | Vehicle identification-number tampering | F4 | Removes, alters, covers, destroys, or counterfeits a VIN or identifying mark with intent to conceal ownership or facilitate fraud. |
| § 3.38 | Theft of fuel | M3 | Dispenses or obtains fuel and intentionally leaves without payment or uses an unauthorized payment method. Grade follows value for repeated or commercial conduct. |
Chapter 3D — Damage, arson, and unlawful interference
| Section | Offense | Grade | Elements |
|---|---|---|---|
| § 3.40 | Criminal mischief — under $1,500 | M2 | Intentionally or recklessly damages, defaces, disables, or tampers with property without consent. |
| § 3.41 | Felony criminal mischief — $1,500 or more | F5 | Causes damage of $1,500 or more, or disrupts essential public service. F4 at $25,000 or more. |
| § 3.42 | Graffiti | M2 | Intentionally marks, paints, etches, or defaces property without consent. Restitution includes cleanup. Gang or hate-motivated graffiti is M1 or applicable enhancement. |
| § 3.43 | Arson in the third degree | F4 | Intentionally or recklessly damages property by fire or explosion. |
| § 3.44 | Arson in the second degree | F3 | Intentionally damages an occupied structure, dwelling, vehicle, forest, or critical facility by fire or explosion. |
| § 3.45 | Arson in the first degree | F2 | Commits arson knowing a person is present or with intent to cause death, mass injury, or catastrophic infrastructure loss. |
| § 3.46 | Reckless burning | M1 | Recklessly starts, maintains, or fails to control a fire that endangers property or persons. Substantial damage is F5. |
| § 3.47 | Criminal tampering | M1 | Knowingly tampers with property, utilities, food, medicine, safety equipment, or a device so as to cause inconvenience, danger, or loss. |
| § 3.48 | Utility theft or meter bypass | M1 | Knowingly diverts utility service, bypasses metering, or reconnects terminated service without authority. Commercial-scale conduct is F5. |
| § 3.49 | Damage to critical infrastructure | F3 | Intentionally damages or disables electrical, water, communications, transportation, emergency, medical, or public-safety infrastructure. |
| § 3.50 | Looting | One grade above underlying theft or burglary | Commits theft, burglary, or trespass in an evacuated area or during a declared disaster, riot, emergency, or mass-casualty event. Maximum F2. |
| § 3.51 | Desecration of a grave or memorial | F5 | Knowingly damages, removes, disturbs, or desecrates human remains, a grave, cemetery property, or an official memorial without authority. |
| § 3.52 | Unlawful dumping on property | M2 | Knowingly deposits refuse, debris, a vehicle, or waste on another’s land without consent. Hazardous material is governed by § 12.23. |
Was this helpful?
Comments