11.1 Nonviolent Theft Crimes – Criminal Law

Overview of the Consolidate Theft offenses including Larceny. 

The MPC's consolidation of theft

Section 223.1. Consolidation of Theft Offenses;  Grading;  Provisions Applicable to Theft Generally.

 (1) Consolidation of Theft Offenses.  Conduct denominated theft in this Article constitutes a single offense.  An accusation of theft may be supported by evidence that it was committed in any manner that would be theft under this Article, notwithstanding the specification of a different manner in the indictment or information, subject only to the power of the Court to ensure fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

 (2) Grading of Theft Offenses.

  (a) Theft constitutes a felony of the third degree if the amount involved exceeds $500, or if the property stolen is a firearm, automobile, airplane, motorcycle, motor boat, or other motor-propelled vehicle, or in the case of theft by receiving stolen property, if the receiver is in the business of buying or selling stolen property.

  (b) Theft not within the preceding paragraph constitutes a misdemeanor, except that if the property was not taken from the person or by threat, or in breach of a fiduciary obligation, and the actor proves by a preponderance of the evidence that the amount involved was less than $50, the offense constitutes a petty misdemeanor.

  (c) The amount involved in a theft shall be deemed to be the highest  value, by any reasonable standard, of the property or services which the actor stole or attempted to steal.  Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.

 (3) Claim of Right.  It is an affirmative defense to prosecution for theft that the actor:

  (a) was unaware that the property or service was that of another;  or

  (b) acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did;  or

  (c) took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.

 (4)Theft from Spouse.  It is no defense that theft was from the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft only if it occurs after the parties have ceased living together.