1.126 — MISDEMEANOR THEFT

Violations of "Statute 1.126" results in a Class D Misdemeanor

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(a) Definitions

Misdemeanour theft is defined as the unlawful taking and carrying away of another person's property, without their consent and with the intent to permanently deprive them of the property where the value of the property taken does not exceed $4999.00.

(b) Elements

To prove misdemeanour theft, the prosecution must establish the following elements beyond a reasonable doubt:

1. The defendant took and carried away another person's property.

2. The property belonged to someone else and was taken without their consent.

3. The defendant intended to permanently deprive the owner of the property.

4. The value of the property taken does not exceed $4999.00.

(c) Defenses

Defenses to a charge of misdemeanour theft may include, but are not limited to:

• Lack of intent: The defendant did not intend to permanently deprive the owner of the property.

• Claim of right: The defendant reasonably believed they had a right to the property or a good faith belief that they were the rightful owner.

• Consent: The owner consented to the defendant taking the property.

• Mistake of fact: The defendant mistakenly believed they had the owner's permission to take the property.

(d) Aggravating Factors

Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:

• Prior convictions for theft or other related offenses.

• Commission of theft in concert with others or as part of a criminal enterprise.

• Theft of property with special significance, such as firearms or items of sentimental value.