What is theft in the second degree?

What is Theft in the Second Degree?

Theft is a serious crime that can have severe consequences for individuals who are convicted. In the United States, there are different degrees of theft, each with its own set of penalties and consequences. In this article, we will explore what theft in the second degree is, its penalties, and how it differs from other types of theft.

What is Theft in the Second Degree?

Theft in the second degree is a type of theft that is considered less severe than theft in the first degree, but more severe than petty theft or theft in the third degree. According to the Model Penal Code, theft in the second degree is defined as the unauthorized taking of property with a value of more than $500, but less than $1,500.

Elements of Theft in the Second Degree

To be convicted of theft in the second degree, the prosecution must prove the following elements:

• Unauthorized taking: The defendant took the property without the owner’s consent.
• Property value: The value of the property taken is more than $500, but less than $1,500.
• Intent to permanently deprive: The defendant intended to permanently deprive the owner of the property.

Penalties for Theft in the Second Degree

The penalties for theft in the second degree vary depending on the state and the value of the property taken. Typically, theft in the second degree is a felony offense, punishable by:

• Imprisonment: Up to 5 years in prison
• Fine: Up to $10,000
• Restitution: The defendant may be required to pay restitution to the victim

How Theft in the Second Degree Differs from Other Types of Theft

Theft in the second degree differs from other types of theft in several ways:

• Value of property: Theft in the second degree involves the taking of property with a value of more than $500, but less than $1,500. Petty theft, on the other hand, involves the taking of property with a value of less than $500.
• Intent: Theft in the second degree requires the intent to permanently deprive the owner of the property, whereas petty theft may not require this intent.
• Penalties: Theft in the second degree is typically a felony offense, punishable by imprisonment and fine, whereas petty theft is typically a misdemeanor offense, punishable by a fine or community service.

Examples of Theft in the Second Degree

Here are some examples of theft in the second degree:

• A person takes a laptop computer worth $1,200 from a store without paying for it.
• A person steals a car worth $1,000 from a parking lot.
• A person takes a cash register from a store worth $800 and sells it for $500.

Defenses to Theft in the Second Degree

There are several defenses that can be used to defend against a charge of theft in the second degree:

• Consent: If the owner of the property gave the defendant permission to take it, then the defendant may not be guilty of theft.
• Mistake: If the defendant believed that the property was abandoned or belonged to them, then they may not be guilty of theft.
• Duress: If the defendant was forced to take the property by someone else, then they may not be guilty of theft.

Conclusion

Theft in the second degree is a serious crime that can have severe consequences for individuals who are convicted. It is important to understand the elements of the crime, the penalties, and the defenses that can be used to defend against a charge. If you have been charged with theft in the second degree, it is important to seek the advice of a qualified criminal defense attorney who can help you navigate the legal system and protect your rights.

Table: Penalties for Theft in the Second Degree

Bullets: Defenses to Theft in the Second Degree

• Consent
• Mistake
• Duress
• Lack of intent
• Insufficient evidence

Note: The penalties and defenses listed above are general and may vary depending on the state and specific circumstances of the case. It is important to consult with a qualified criminal defense attorney for specific advice.