{"id":371376,"date":"2024-10-21T13:15:10","date_gmt":"2024-10-21T18:15:10","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/alabama-law\/alabama-theft-laws.html"},"modified":"2024-10-23T16:09:01","modified_gmt":"2024-10-23T21:09:01","slug":"alabama-theft-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alabama-law\/alabama-theft-laws.html","title":{"rendered":"Alabama Theft Laws"},"content":{"rendered":"\n
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Alabama Theft Laws<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Theft charges in Alabama vary based on the value of the property taken. The state also outlines charges for the theft of specific property, such as guns or livestock. Penalties range from a fine to up to 20 years in prison. <\/p>\n\n <\/div>\n\n

Property rights are among the most important rights American citizens possess. These rights give property owners legal protections against others and the right to lawfully use their property as they see fit.<\/p>\r\n

Given the importance of property rights in the United States, it should come as no surprise that there are many laws concerning property. State criminal codes typically have a multitude of laws penalizing different types of theft.<\/p>\r\n

Although the definition of theft may vary from state to state, it generally refers to a situation where someone intentionally and unlawfully takes another person\u2019s property. Some states refer to theft as \u201clarceny,\u201d which occurs when someone takes another person\u2019s property with the intent to permanently deprive them of it.<\/p>\r\n

Most theft offenses are state crimes rather than federal crimes. Generally, a federal theft crime requires the defendant to steal federal property or commit a theft crime across two or more states.<\/p>\r\n

This article provides an overview of Alabama\u2019s laws and penalties regarding theft, including a chart summarizing misdemeanor and felony charges for theft crimes.<\/p>\r\n

Alabama Theft Crimes: Overview<\/b><\/h2>\r\n

The table below summarizes Alabama\u2019s theft laws and criminal penalties. For more information, read FindLaw\u2019s Theft Overview<\/a> article.<\/p>\r\n\r\n

Alabama Code Sections<\/b><\/p>\r\n<\/th>\r\n

Code of Alabama Title 13A, Criminal Code, Chapter 8<\/a><\/p>\r\n

First-degree theft<\/b><\/p>\r\n<\/th>\r\n

First-degree theft in Alabama includes:<\/p>\r\n

    \r\n
  • Theft of property that exceeds $2,500 in value (\u00a7 13A-8-3(a))<\/li>\r\n
  • Theft of property of any value taken from another person (\u00a7 13A-8-3(a))<\/li>\r\n
  • Theft of a motor vehicle (regardless of its value) (\u00a7 13A-8-3(b))<\/li>\r\n
  • Theft of property that occurs as part of a common plan or scheme with the intent to sell or transfer it to a person or business that knows (or reasonably believes) the property was stolen, and the aggregate value of the property is at least $1,000 within a 180-day period (\u00a7 13A-8-3(c)(1)(a)-(c))<\/li>\r\n<\/ul>\r\n

    First-degree theft of property is a Class B felony (\u00a7 13A-8-3(d)).<\/p>\r\n<\/td>\r\n<\/tr>

Second-degree theft<\/b><\/p>\r\n<\/th>\r\n

Anyone who commits the following is guilty of second-degree theft:<\/p>\r\n

    \r\n
  • Theft of property valued between $1,500 and $2,500 and is not taken from a person (\u00a7 13A-8-4(a))<\/li>\r\n
  • Theft of a firearm, rifle, or shotgun (regardless of value). (\u00a7 13A-8-4(c))<\/li>\r\n
  • Theft of a controlled substance controlled by Chapter 2 of Title 20 of the Alabama Code (\u00a7 13A-8-4(d))<\/li>\r\n
  • Theft of any livestock (e.g., sheep, cattle, etc.) (\u00a7 13A-8-4(e))<\/li>\r\n<\/ul>\r\n

    Second-degree theft is a Class C felony (\u00a7 13A-8-4(b)).<\/p>\r\n<\/td>\r\n<\/tr>

Third-degree theft<\/b><\/p>\r\n<\/th>\r\n

Any person who commits the following is guilty of third-degree theft:<\/p>\r\n

    \r\n
  • Theft of property exceeding $500 in value but does not exceed $1,499, and is not taken from a person (\u00a7 13A-8-4.1(a))<\/li>\r\n
  • Theft of a credit card or debit card (\u00a7 13A-8-4.1(c))<\/li>\r\n<\/ul>\r\n

    Third-degree theft is a Class D felony (\u00a7 13A-8-4.1(b)).<\/p>\r\n<\/td>\r\n<\/tr>

Fourth-degree theft<\/b><\/p>\r\n<\/th>\r\n

Theft of property that does not exceed $500 in value and is not taken from a person is fourth-degree theft (\u00a7 13A-8-5(a)).<\/p>\r\n

Fourth-degree theft is a Class A misdemeanor (\u00a7 13A-8-5(b)).<\/p>\r\n<\/td>\r\n<\/tr>

Theft of lost property<\/b><\/p>\r\n<\/th>\r\n

A person who actively obtains or exerts control over someone else\u2019s property, knowing that the owner lost, mislaid, or mistakenly delivered it, and intends to permanently deprive the owner of it and does not take reasonable measures to discover and notify the owner is guilty of the crime of theft of lost property (\u00a7 13A-8-6).<\/p>\r\n

    \r\n
  • If the value of the item(s) exceeds $2,500:<\/b> First-degree theft of lost property (Class B felony) (\u00a7 13A-8-7)<\/li>\r\n
  • If the property\u2019s value is between $1,500 and $2,500:<\/b> Second-degree theft of lost property (Class C felony) (\u00a7 13A-8-8)<\/li>\r\n
  • If the property\u2019s value is between $500 and $1,499:<\/b> Third-degree theft of lost property (Class D felony) (\u00a7 13A-8-8.1)<\/li>\r\n
  • If the property\u2019s value is less than $500:<\/b> Fourth-degree theft of lost property (Class A misdemeanor) (\u00a7 13A-8-9)<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Theft of services<\/b><\/p>\r\n<\/th>\r\n

A person who does the following is guilty of the crime of theft of services:<\/p>\r\n

    \r\n
  • They intentionally obtain services they know are only available for compensation and use deception, threats, fake money, or other means to avoid paying for them (\u00a7 13A-8-10(a))<\/li>\r\n
  • Knowingly diverting services to their own benefit (or another\u2019s benefit) when they know they are not entitled to them (\u00a7 13A-8-10(b))<\/li>\r\n<\/ul>\r\n

    If convicted, they face the following penalties:<\/p>\r\n

      \r\n
    • Value of services exceeds $2,500:<\/b> First-degree theft of services (Class B felony) (\u00a7 13A-8-10.1)<\/li>\r\n
    • If the service\u2019s value is between $1,500 and $2,500:<\/b> Second-degree theft of services (Class C felony) (\u00a7 13A-8-10.2)<\/li>\r\n
    • If the service\u2019s value exceeds $500 but is less than $1,500:<\/b> Third-degree theft of services (Class D felony) (\u00a7 13A-8-10.25)<\/li>\r\n
    • If the service\u2019s value is less than $500:<\/b> Fourth-degree theft of services (Class A misdemeanor) (\u00a7 13A-8-10.3)<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Theft by deception<\/b><\/p>\r\n<\/th>\r\n

A person who does the following is guilty of theft by deception:<\/p>\r\n

    \r\n
  • Creating or confirming another person\u2019s false impression, and they do not believe it is truthful. (\u00a7 13A-8-1(1)(a))<\/li>\r\n
  • They fail to correct a false impression that they previously created or confirmed. (\u00a7 13A-8-1(1)(b))<\/li>\r\n
  • They fail to correct a false impression that they have a duty to correct. (\u00a7 13A-8-1(1)(c))<\/li>\r\n
  • They prevent someone from acquiring pertinent information concerning the disposition of the property involved. (\u00a7 13A-8-1(1)(d))<\/li>\r\n
  • They fail to disclose a lien, adverse claim, or other legal impediment to a buyer or transferee of property, and they had a duty to disclose it. (\u00a7 13A-8-1(1)(e))<\/li>\r\n
  • They promise performance they don\u2019t intend to perform or know will not be performed. Failure to perform, however, is not necessarily proof they did not intend to perform it. (\u00a7 13A-8-1(1)(f))<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Penalties<\/p>\r\n<\/th>\r\n

Upon a conviction for a theft crime, the following penalties apply:<\/p>\r\n

Class B felony:<\/p>\r\n

    \r\n
  • Mandatory minimum sentence of two years of imprisonment, up to 20 years (\u00a7 13A-5-6(a)(2))<\/li>\r\n
  • A fine of up to $30,000 (\u00a7 13A-5-11(a)(2))<\/li>\r\n<\/ul>\r\n

    Class C felony:<\/p>\r\n

      \r\n
    • Mandatory minimum sentence of one year and one day of imprisonment, up to 10 years (\u00a7 13A-5-6(a)(3))<\/li>\r\n
    • A fine of up to $15,000 (\u00a7 13A-5-11(a)(3))<\/li>\r\n<\/ul>\r\n

      Class D felony:<\/p>\r\n

        \r\n
      • Mandatory minimum sentence of one year and one day of imprisonment, up to five years (\u00a7 13A-5-6(a)(4))<\/li>\r\n
      • A fine of up to $7,500 (\u00a7 13A-5-11(a)(4))<\/li>\r\n<\/ul>\r\n

        Class A misdemeanor:<\/p>\r\n

          \r\n
        • Not more than one year of imprisonment (\u00a7 13A-5-7(a)(1))<\/li>\r\n
        • A fine of up to $6,000 (\u00a7 13A-5-12(a)(1))<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Defense to a theft crime<\/b><\/p>\r\n<\/th>\r\n

If the defendant honestly believed they had a claim to the property or services involved in the alleged theft, they can raise that as a defense under \u00a7 13A-8-12.<\/p>\r\n<\/td>\r\n<\/tr>

Related offenses<\/b><\/p>\r\n<\/th>\r\n

 <\/p>\r\n