36 Questions
What is the primary intention of a person committing theft?
To deprive the owner of a right to the property or a benefit from the property.
What is the minimum value of property stolen that can be classified as grand theft in the first degree?
$100,000 or more
What is an additional circumstance that can lead to a grand theft charge in the first degree?
If the offender uses a motor vehicle to assist in committing the offense.
What is the punishment for grand theft in the first degree?
Felony of the first degree
What is an example of cargo that can be classified as grand theft in the first degree?
Cargo valued at $50,000 or more that has entered the stream of interstate or intrastate commerce.
What is another circumstance that can lead to a grand theft charge in the first degree?
If the offender causes damage to the real or personal property of another in excess of $1,000.
What is the minimum value of property stolen that constitutes grand theft in the second degree?
$20,000
What is the term for mechanical or electronic apparatus used to provide emergency services and care?
Emergency medical equipment
What happens to the ranking of a felony offense that is reclassified under this paragraph?
It is ranked one level above
What is the punishment for grand theft in the second degree?
Felony of the second degree
What is an example of a commercially farmed animal?
Horse
What is the minimum value of property stolen that constitutes grand theft of the third degree?
$750
What is the term for any property, device, or apparatus used by a law enforcement officer?
Law enforcement equipment
What happens to a person arrested for committing a theft during a riot or an aggravated riot?
They are released after a first appearance hearing
What is the fine imposed for stealing a commercially farmed animal?
$10,000
What is the minimum number of individual pieces of citrus fruit that constitutes grand theft of the third degree?
2,000
What is required to be certified and filed in the case where the judgment of guilty is entered?
Fingerprints of the guilty person
What is admissible in evidence in the courts of this state?
A written or electronic judgment of guilty
What constitutes a violation of this section in a lease agreement?
Failure to comply with the terms of a lease when the lease is for a term of 1 year or longer, and demand for the return of the property has not been made in writing
How must a demand for the return of the property be made?
By certified or registered mail
What is the penalty for driving a motor vehicle without paying for the gasoline dispensed?
Both fine and suspension of the driver's license
How long is the first suspension of a driver license under this subsection?
Up to 6 months
What is the criteria for grand theft of the third degree and a felony of the third degree?
If the property stolen is valued at $100 or more, but less than $750, and is taken from a dwelling
What is the penalty for coordinating the activities of one or more persons in committing theft?
Felony of the second degree
What is the penalty for theft of a controlled substance?
Felony of the second degree
What is the threshold amount for the theft to be considered a felony of the second degree?
$3,000
Who is responsible for performing a study every 5 years to determine the appropriateness of the threshold amounts?
The Office of Program Policy Analysis and Government Accountability (OPPAGA)
Under what condition can a person arrested for committing a theft during a riot or an aggravated riot be released?
After appearing before a committing magistrate at a first appearance hearing
When must the report of the study be submitted to the Governor, the President of the Senate, and the Speaker of the House of Representatives?
September 1 of every 5th year
What is the ranking of a felony offense that is reclassified under paragraph (b) for purposes of sentencing under chapter 921?
One level above the ranking under s. 921.0022 or s. 921.0023
What is the penalty for petit theft of the second degree?
Misdemeanor of the second degree
What is the penalty for a person who commits petit theft and has previously been convicted of any theft?
Misdemeanor of the first degree
What is the penalty for a person who commits petit theft and has previously been convicted two or more times of any theft?
Felony of the third degree
What is the format of a judgment of guilty or not guilty of a petit theft?
Either a written record that is signed by the judge and recorded by the clerk of the circuit court, or an electronic record that contains the judge’s electronic signature
What is the requirement for a defendant who is found guilty of petit theft?
The defendant’s fingerprints must be manually taken or electronically captured
What is the term for the area surrounding a dwelling?
Curtilage
Study Notes
Theft Offenses
- A person commits theft if they knowingly obtain or use another person's property with the intent to deprive them of the property or benefit from it, either temporarily or permanently.
Degrees of Theft
- Grand Theft in the First Degree: punishable as a felony of the first degree if the property stolen is valued at $100,000 or more, or is a semitrailer deployed by a law enforcement officer.
- Grand Theft in the Second Degree: punishable as a felony of the second degree if the property stolen is valued at $20,000 or more, but less than $100,000.
- Grand Theft of the Third Degree: punishable as a felony of the third degree if the property stolen is valued at $750 or more, but less than $20,000.
Special Cases
- Emergency Medical Equipment: stealing emergency medical equipment valued at $300 or more is punishable as grand theft in the second degree.
- Law Enforcement Equipment: stealing law enforcement equipment valued at $300 or more is punishable as grand theft in the second degree.
- Citrus Fruit: stealing citrus fruit consisting of 2,000 or more individual pieces is punishable as grand theft in the third degree.
- Anhydrous Ammonia: stealing anhydrous ammonia is punishable as grand theft in the third degree.
Petit Theft
- Petit Theft of the First Degree: punishable as a misdemeanor of the first degree if the property stolen is valued at $100 or more, but less than $750.
- Petit Theft of the Second Degree: punishable as a misdemeanor of the second degree if the property stolen is valued at less than $100.
Recidivism
- Previous Convictions: if a person has previously been convicted of theft, they commit a misdemeanor of the first degree.
- Multiple Previous Convictions: if a person has previously been convicted two or more times of theft, they commit a felony of the third degree.
Procedural Requirements
- Judgment of Guilty: a judgment of guilty of petit theft must be in writing, signed by the judge, and recorded by the clerk of the circuit court.
- Fingerprints: the fingerprints of a defendant found guilty of petit theft must be taken and certified.
Other Provisions
- Lease Agreements: failure to comply with the terms of a lease agreement does not constitute a violation of this section unless a written demand for return of the property has been made and the lessee has failed to comply.
- Gasoline Theft: driving a motor vehicle from a gasoline station without paying for the gas dispensed is punishable as petit theft.
- Driving Privileges: a person convicted of petit theft for gasoline theft may have their driver's license suspended for up to 6 months for the first offense and 1 year for subsequent offenses.
- Threshold Amounts: the Office of Program Policy Analysis and Government Accountability (OPPAGA) must perform a study every 5 years to determine the appropriateness of the threshold amounts included in this section.
Quiz on theft laws and regulations, covering definitions and punishments for theft. Learn about types of theft, penalties, and more.
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