Business Law 101 / THEFT 

By Albert Kelley

Theft is defined as to the knowingly obtain or use, or endeavoring to obtain or to use, the property of another person with the intent to, either temporarily or permanently deprive the other person of a right to the property or a benefit from the property or to appropriate the property to his or her own use or to the use of any person who is not entitled to the use of the property.  This definition has some interesting points. First, theft is a knowledge crime. In other words, it cannot happen by accident. Second, there must be a victim who has a right to the property. In other words, if a person knowingly takes an item but the item has no owner, there is no offense. Finally, there is no time component. In other words, if a person “borrows” an item with the intent to give it back shortly, there is still an offense.

The level of penalty for theft depends on a number of factors, including the value of the item taken, the nature of the item taken, how the crime was performed and in some situations, the person the item was taken from.

Let’s start with value. If the item taken is worth more than $100,000, it is a first-degree felony (Called Grand Theft in the First Degree).  If the property stolen is worth between $20,000 and $100,000, it is Grand Theft in the Second Degree and is a second-degree felony. If the item taken is worth between $750 and $20,000 it is a third-degree felony. Between $100 and $750 is a first-degree misdemeanor and anything below $100 is a second-degree misdemeanor.  

Now let’s look at the nature of the item taken. First degree felonies include semitrailers and cargo worth more than $50,000. Second degree felonies include cargo valued at less than $50,000, emergency medical equipment worth more than $300 and taken from a licensed facility, vehicle or aircraft and law enforcement equipment worth more than $300 taken from an officer’s vehicle.  Third degree felonies include a will, a firearm, a vehicle, a farm animal, a fire extinguisher, citrus fruit if the thief takes more than 2000 individual pieces of fruit, a posted construction site sign, a stop sign, any controlled substance or anhydrous ammonia.  

How the crime was performed includes the following: if the thief, while committing any grand theft,  uses a vehicle in the commission and in doing so causes damage to property, or if the thief causes any damage in excess of  $3,000, it is a first degree felony. If the crime occurs during a declared state of emergency, the crime level increases by one level.  If the thief uses a fifth-wheel trailer during the commission of the crime it is a second-degree felony.

The final category is the victim.  If the victim is 65 or older, then there is a first-degree felony if the theft is more than $50,000, a second degree if the amount is between $10,000 and $50,000, and a third-degree felony if the amount is between $300 and $10,000. 

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University.  He is also the author of four law books: (“Basics of Business Law” “Basics of Florida’s Small Claims Court”, “Basics of Florida’s Landlord/Tenant Law” and “Basics of Starting a Florida Business” (Absolutely Amazing e-Books)). This article is being offered as a public service and is not intended to provide specific legal advice.  If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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