Theft

Criminal Defense

What Is Theft In Ohio?

THEFT CAN RANGE from a minor shoplifting crime to a multimillion dollar heist. However, the Ohio Revised Code has a single law that outlines the elements of a theft in Ohio. The degree of the charge and the penalties vary based on the value of the item stolen, but the crime is charged under the same law.

Many activities that the public would consider theft are also criminalized under other Ohio laws establishing specific acts as separate crimes. For example, forgery and fraud both involve stealing, but each has a specific revised code section that criminalizes the specific conduct. Many people charged with theft will also be charged under another Ohio Revised Code section for the specific type of theft involved.

Elements Of Theft

THE THEFT STATUTE is contained in Ohio Revised Code Section 2913.02. In order to commit theft under this law, a person must:

  1. With the purpose to deprive the owner of property or services;
  2. Knowingly obtain or exert control over either the property or services in any of the following ways:
    1. Without the consent of the owner; -or-
    2. Deception; -or-
    3. Threat; -or-
    4. Intimidation.

Theft Penalties

  Value of Stolen Property Classification Max Jail Term Fine
Petty Theft $1 – $999 1st Degree Misdemeanor 6 Months $1,000
Theft $1,000 – 7,499 5th Degree Felony 12 Months $2,500
Grand Theft $7,500 – $149,999 4th Degree Felony 18 Months $5,000
Aggravated Theft One $150,000 – $749,999 3rd Degree Felony 5 Years $10,000
Aggravated Theft Two $750,000 – 1,499,999 2nd Degree Felony 8 Years $15,000
Aggravated Theft $1.5 Million $1,500,000 + 1st Degree Felony Life $20,000

CERTAIN FACTORS can lead to increased penalties or degrees. For instance, theft from a protected class, like elderly, disabled, and active duty military are considered a protected class.

The type of property stolen can also result in increased penalties or degrees. For example, the following items increase penalties:

  • Firearms
  • Motor Vehicles
  • Drugs
  • Police Dog/Horse