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The Theft Ladder

18 Pa.C.S. 3903 — $50, $200, $2,000, and a firearm or a car

In Pennsylvania, a person commits theft by unlawfully taking, or exercising unlawful control over, another's movable property with intent to deprive the owner of it.

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What was takenThe grade
What was takenLess than $50, not from the person, by threat or in breach of a fiduciary dutyThe gradeMisdemeanor of the third degree
What was taken$50 or more but less than $200, on the same conditionsThe gradeMisdemeanor of the second degree
What was taken$200 up to $2,000, or less taken from the person or by threatThe gradeMisdemeanor of the first degree
What was takenMore than $2,000, or a car, motorcycle, boat or other motor vehicleThe gradeFelony of the third degree
What was takenA firearm, or $100,000 or more but less than $500,000The gradeFelony of the second degree
Retail theftThe grade
Retail theftA first offense, under $150The gradeA summary offense
Retail theftA second offense, under $150The gradeMisdemeanor of the second degree
Retail theftA first or second offense, $150 or moreThe gradeMisdemeanor of the first degree
Retail theftA third or later offense, or more than $1,000, or a firearm or motor vehicleThe gradeFelony of the third degree

A peace officer or merchant with probable cause to believe a specific person committed retail theft may detain the person in a reasonable manner for a reasonable time.

Pennsylvania grades crimes as felonies of the first, second and third degree, misdemeanors of the first, second and third degree, and summary offenses. A misdemeanor of the third degree is one punishable by not more than one year, and a summary offense by not more than 90 days.

Sources for this section (4)
  1. 18 Pa.C.S. 3921 — Theft by unlawful taking or disposition
  2. 18 Pa.C.S. 3903 — Grading of theft offenses
  3. 18 Pa.C.S. 3929 — Retail theft
  4. 18 Pa.C.S. 106 — Classes of offenses

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.

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