What is Theft in the Fourth Degree?
Theft is a criminal offense that involves the taking of another person’s property without their consent. The laws regarding theft vary by jurisdiction, and the degree of theft can depend on the value of the property taken, the circumstances surrounding the theft, and other factors. In this article, we will explore the concept of theft in the fourth degree and what it means.
What is Theft in the Fourth Degree?
Theft in the fourth degree is a criminal offense that involves the theft of property with a value of less than $200. (1) This degree of theft is considered a misdemeanor, which is a less severe offense than a felony.
Elements of Theft in the Fourth Degree
To be convicted of theft in the fourth degree, the prosecution must prove the following elements:
- Intent: The defendant must have intended to take the property without the owner’s consent.
- Taking: The defendant must have taken possession of the property or removed it from the owner’s premises.
- Property: The property in question must have a value of less than $200.
- Lack of consent: The owner of the property did not give their consent for the defendant to take the property.
Penalties for Theft in the Fourth Degree
The penalties for theft in the fourth degree vary by jurisdiction, but they are generally less severe than those for more serious forms of theft. (2) In most cases, the penalties for theft in the fourth degree include:
- Fine: The defendant may be required to pay a fine, which can range from a few hundred dollars to several thousand dollars.
- Probation: The defendant may be placed on probation, which means they will be supervised by a probation officer and required to follow certain conditions.
- Imprisonment: The defendant may be sentenced to imprisonment for a period of up to one year.
Examples of Theft in the Fourth Degree
Here are some examples of theft in the fourth degree:
- Stealing a bike: If a person takes a bike with a value of less than $200, they may be charged with theft in the fourth degree.
- Shoplifting: If a person takes a item from a store with a value of less than $200, they may be charged with theft in the fourth degree.
- Picking locks: If a person picks the lock of a shed or a car to gain access to the property and takes something with a value of less than $200, they may be charged with theft in the fourth degree.
Consequences of Theft in the Fourth Degree
Thieves in the fourth degree may face a range of consequences, including:
- Criminal record: A conviction for theft in the fourth degree can result in a criminal record, which can make it harder to find employment, obtain a loan, or achieve other goals.
- Fine: The defendant may be required to pay a fine, which can range from a few hundred dollars to several thousand dollars.
- Imprisonment: The defendant may be sentenced to imprisonment for a period of up to one year.
Table: Comparison of Theft in the Fourth Degree to Other Forms of Theft
| Theft in the Fourth Degree | Theft in the Third Degree | Theft in the Second Degree | Theft in the First Degree | |
|---|---|---|---|---|
| Value of Property | < $200 | $200 – $1,500 | $1,500 – $20,000 | > $20,000 |
| Penalty | Fine and/or imprisonment up to 1 year | Fine and/or imprisonment up to 5 years | Fine and/or imprisonment up to 10 years | Fine and/or imprisonment up to 20 years |
Conclusion
Thief in the fourth degree is a criminal offense that involves the theft of property with a value of less than $200. To be convicted of this crime, the prosecution must prove that the defendant intended to take the property without the owner’s consent, took possession of the property or removed it from the owner’s premises, and the property had a value of less than $200. The penalties for this crime vary by jurisdiction, but they are generally less severe than those for more serious forms of theft.
References
(1) New Jersey Statute Annotated, § 2C:20-3
(2) Pennsylvania Statute Title 18, § 3903
