Alabama Theft Laws

Code of Alabama Title 13A, Criminal Code, Chapter 8

• § 13A-8-3 (First-degree theft of property)
• § 13A-8-4 (Second-degree theft of property)
• § 13A-8-4.1 (Third-degree theft of property)
• § 13A-8-5 (Fourth-degree theft of property)
• § 13A-8-6 (Theft of lost property)
• § 13A-8-10 (Theft of services)

First-degree theft in Alabama includes:

• Theft of property that exceeds $2,500 in value (§ 13A-8-3(a))
• Theft of property of any value taken from another person (§ 13A-8-3(a))
• Theft of a motor vehicle (regardless of its value) (§ 13A-8-3(b))
• 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 (§ 13A-8-3(c)(1)(a)-(c))

First-degree theft of property is a Class B felony (§ 13A-8-3(d)).

Anyone who commits the following is guilty of second-degree theft:

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

Second-degree theft is a Class C felony (§ 13A-8-4(b)).

Any person who commits the following is guilty of third-degree theft:

• Theft of property exceeding $500 in value but does not exceed $1,499, and is not taken from a person (§ 13A-8-4.1(a))
• Theft of a credit card or debit card (§ 13A-8-4.1(c))

Third-degree theft is a Class D felony (§ 13A-8-4.1(b)).

Theft of property that does not exceed $500 in value and is not taken from a person is fourth-degree theft (§ 13A-8-5(a)).

Fourth-degree theft is a Class A misdemeanor (§ 13A-8-5(b)).

A person who actively obtains or exerts control over someone else’s 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 (§ 13A-8-6).

• If the value of the item(s) exceeds $2,500: First-degree theft of lost property (Class B felony) (§ 13A-8-7)
• If the property’s value is between $1,500 and $2,500: Second-degree theft of lost property (Class C felony) (§ 13A-8-8)
• If the property’s value is between $500 and $1,499: Third-degree theft of lost property (Class D felony) (§ 13A-8-8.1)
• If the property’s value is less than $500: Fourth-degree theft of lost property (Class A misdemeanor) (§ 13A-8-9)

A person who does the following is guilty of the crime of theft of services:

• 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 (§ 13A-8-10(a))
• Knowingly diverting services to their own benefit (or another’s benefit) when they know they are not entitled to them (§ 13A-8-10(b))

If convicted, they face the following penalties:

• Value of services exceeds $2,500: First-degree theft of services (Class B felony) (§ 13A-8-10.1)
• If the service’s value is between $1,500 and $2,500: Second-degree theft of services (Class C felony) (§ 13A-8-10.2)
• If the service’s value exceeds $500 but is less than $1,500: Third-degree theft of services (Class D felony) (§ 13A-8-10.25)
• If the service’s value is less than $500: Fourth-degree theft of services (Class A misdemeanor) (§ 13A-8-10.3)

A person who does the following is guilty of theft by deception:

• Creating or confirming another person’s false impression, and they do not believe it is truthful. (§ 13A-8-1(1)(a))
• They fail to correct a false impression that they previously created or confirmed. (§ 13A-8-1(1)(b))
• They fail to correct a false impression that they have a duty to correct. (§ 13A-8-1(1)(c))
• They prevent someone from acquiring pertinent information concerning the disposition of the property involved. (§ 13A-8-1(1)(d))
• 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. (§ 13A-8-1(1)(e))
• They promise performance they don’t intend to perform or know will not be performed. Failure to perform, however, is not necessarily proof they did not intend to perform it. (§ 13A-8-1(1)(f))

Upon a conviction for a theft crime, the following penalties apply:

Class B felony:

• Mandatory minimum sentence of two years of imprisonment, up to 20 years (§ 13A-5-6(a)(2))
• A fine of up to $30,000 (§ 13A-5-11(a)(2))

Class C felony:

• Mandatory minimum sentence of one year and one day of imprisonment, up to 10 years (§ 13A-5-6(a)(3))
• A fine of up to $15,000 (§ 13A-5-11(a)(3))

Class D felony:

• Mandatory minimum sentence of one year and one day of imprisonment, up to five years (§ 13A-5-6(a)(4))
• A fine of up to $7,500 (§ 13A-5-11(a)(4))

Class A misdemeanor:

• Not more than one year of imprisonment (§ 13A-5-7(a)(1))
• A fine of up to $6,000 (§ 13A-5-12(a)(1))

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 § 13A-8-12.

• Theft of trade secrets or trademarks (§ 13A-8-10.4)
• Theft of valor (§ 13A-8-10.5)
• Cargo theft (§ 13A-8-10.6)
• Unauthorized control of a vehicle (§ 13A-8-11)
• Receiving stolen property (§ 13A-8-16)
• Extortion (§ 13A-8-13)