Theft Offenses
There are many different theft crimes in Pennsylvania. Some categories include (click to jump):
- Theft by unlawful taking or disposition
- Receiving Stolen Property
- Theft by deception
- Theft of property lost, mislaid, or delivered by mistake
- Retail theft (shoplifting)
To read about other kinds of more complicated economic crimes like forgery, fraud, and identity theft, visit our page on white collar crimes.
Some PA theft crimes, like retail theft (shoplifting) and theft of services, are graded as summary offenses (a citation or ticket, handled at local court). Those same crimes and others can be misdemeanors or felonies if over a certain dollar amount. The seriousness can also increase if it’s not the person’s first offense, or if other circumstances are present.
Any act of stealing can usually be labeled as more than one kind of theft. For example, if you commit “theft by unlawful taking” of an item, you’re also “receiving stolen property” for that same item. You cannot be punished separately under different definitions of theft for a single act of stealing.
No matter how serious, all theft offenses are considered to be “crimes of falsehood” and “crimes of moral turpitude”. They may be used against you to call into question your ability to be honest or truthful in the future. It can also jeopardize any professional licenses you hold through the state or federal government.
Theft by unlawful taking or disposition
This offense covers the general act of “stealing” which can take many forms. One can commit a theft of movable or immovable property.
With respect to movable property, a person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with the intent to deprive him of the property. Almost all property, including money, is movable property.
With respect to immovable property (like a property interest), a person is guilty of theft if he unlawfully transfers, or exercises unlawful control over property of another or any interest therein with intent to benefit himself or another not entitled to the property.
Receiving stolen property (“RSP”)
A person is guilty of theft if he intentionally receives, retains, or disposes of movable property of another, knowing it has been stolen, or believing that it has probably been stolen, unless the property is received, retained, or disposed with intent to restore it to the owners.
You aren’t guilty of this crime just simply because you have property that turns out to have been stolen from somebody, somewhere, at some time. Receiving stolen property is not a “strict liability” offense, although many police officers will charge somebody with felony RSP for a car when the only evidence is that the person was driving a car that had been previously reported stolen at some point. The prosecution must prove that you knew the item had been stolen, or believed it had probably been stolen.
Without a confession, the proof is often circumstantial. You’re more likely to be found guilty if certain factors are present, like if you bought the item for a ridiculously unfairly cheap price, if you’re found with the property close in time or location to when/where it was originally stolen, or if other things don’t add up, like if you bought a car with no paperwork and no key and you have to hot-wire it to start it.
Theft by deception
A person is guilty of theft if he intentionally obtains or withholds property of another by deception. Deception occurs when a person intentionally:
- creates or reinforces a false impression regarding law, value, or intention
- prevents another from acquiring information which would affect his judgment of a transaction; or
- fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another person
A common form of theft by deception occurs when somebody enters a store empty-handed, takes an item for sale from a shelf, goes to the customer service desk to conduct a return of that item as if it was their own, and walks out with cash or store credit for that item. Police will sometimes mistakenly charge this as a retail theft, which can result in charges that are graded too high.
Theft of property lost, mislaid, or delivered by mistake
A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, with intent to deprive the owner, he fails to take reasonable measures to restore the property to the person entitled to have it.
A common form of this crime that we see is when somebody accidentally drops their purse, wallet, or card inside a casino, and somebody comes along and takes it and doesn’t turn it in to security.
Penalties upon Conviction (excluding Retail Theft/Shoplifting)
If the property was taken with force or threat of force, it’s a misdemeanor of the first degree unless over $2,000 (then it’s a felony). Otherwise, it’s a third-degree misdemeanor if less than $50, a second-degree misdemeanor if $50 or more but less than $200, and a first-degree misdemeanor if $200 or more but less than $2,000.
Theft offenses constitute a felony of the third degree if the amount involved exceeds $2,000 or if the property stolen is an automobile, airplane, motorcycle, or motorboat, or, in the case of receiving stolen property, the receiver is in the business of buying or selling stolen property.
Theft is a felony of the second degree if the offense is committed during a manmade or natural disaster, the property stolen is a firearm, or, in the case of receiving stolen property, the property received is a firearm and the receiver is in the business of buying or selling stolen property. If force or violence is used or threatened during a theft it will generally be prosecuted as a felony Robbery.
Usually, the most severe punishment for theft is issued when the victim is elderly. Until 2014, there was a mandatory minimum sentence of one year in jail for committing a theft by deception from someone over 60 years old. The “mandatory” aspect is now unconstitutional and cannot be enforced. However, judges still often impose hefty jail sentences anyway for stealing from elderly or otherwise vulnerable persons.
Retail Theft (Shoplifting)
The rules for Retail Theft are different than those for the other theft offenses. It’s the most commonly charged type of theft. You can be charged and convicted of retail theft even without taking anything from the store without paying. There are a few ways to be guilty of it; the first variety is the most common, for taking merchandise from a store without paying:
- takes or carries away any merchandise for sale, with the intention of depriving the merchant of the possession without paying the full retail value (by not paying for it)
- changing or altering price tags to make the price cheaper
- moving merchandise from its original container into a container of merchandise that costs less, and ringing up the cheaper container
- under-rings merchandise (as an employee) with the intention of depriving the merchant of the full retail value
- destroying or removing a security tag of merchandise
There is a presumption that any person who conceals unpurchased merchandise either inside or outside the store, did so with the intention of stealing it. The same presumption applies if a person conceals or causes to be concealed the unpurchased merchandise on another person or among another person’s belongings.
To protect against wrongful accusations of shoplifting, be sure to wait until AFTER you’ve paid until you start putting your groceries into your reusable bags that you brought with you!
Penalties (Shoplifting only)
Here are the penalties for retail theft (shoplifting), one of the most common PA Theft crimes:
| Value of Merchandise | ||||
| Less than $150 | $150 or more | Over $1,000 | ||
| Number of Past Convictions | 0 (First Offense) | Summary offense | Misdemeanor 1 | Felony 3 |
| 1 (Second Offense) | Misdemeanor 2 | Misdemeanor 1 | Felony 3 | |
| 2+ (Third or More Offense) | Felony 3 | Felony 3 | Felony 3 | |
It is important to hire a lawyer to handle a retail theft charge — even if it is a first offense. A conviction for retail theft can remain on your criminal record and can affect your future. The courts, government, and many employers will consider it to be a “crime of falsehood” or a “crime of moral turpitude,” meaning they might question your ability to be honest and truthful in other matters. It can jeopardize any professional licenses you hold.
If it happens again, the penalty increases. Our lawyers might also be able to save you a lot of money in court costs by making sure a case doesn’t go further than it should. None of our clients ever pay the civil penalty associated with Retail Theft, and not one of them has ever had any adverse consequences as a result. Don’t regret not hiring a lawyer to work for your best interests and negotiate a lenient punishment or not guilty verdict.
Diversionary Programs
There may be an opportunity to reduce the charges, or pay a fine in order for the charges to be dropped. Another option might be a discretionary program called Accelerated Rehabilitative Disposition, also known as ARD. If you are admitted to the program you will pay a fine, receive probation for 1 to 2 years and perform community service.
If you successfully complete the program, the charge will not be placed on your record. You will be able to honestly admit to having no criminal conviction. However, the government gets to keep record of it because an ARD will count as a “prior offense” if you ever get another one. Consulting with an attorney before making any important decisions is vital.
