PA+Theft+and+Robbery-2

PA Laws

PA Theft and Robbery Scenarios, Examples, Questions-2

__**Grading of Theft Offenses**__ - Second degree felony - Theft constitutes a second degree felony if: The offense is committed during a man made disaster, a natural disaster or war caused disaster and constitutes a violation of section 3921(relation to theft by unlawful taking or disposition.), 3925(relating to receiving stolen property), 3928(related to unauthorized use of automobiles and other motor vehicles.)3929(relates to retail theft) - Property stolen is a firearm - Case of theft by receiving stolen property, the property received, retained, or disposed of is a firearm and the one receiving is in the business of buying or selling the stolen property. - Any amount of anhydrous ammonia is stolen. - Third degree felony - Theft constitutes a third degree felony of the third degree if the amount exceeds $2000, or if the property stolen is an automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle, or case of receiving stolen property. - Other grades-Theft not within subsection or of this section, constitutes of a misdemeanor of the first degree, except if the property was not taken from the person or by threat, or a breach of a fiduciary obligation, and: - Amount involved was $50 or more or less than $200 the offense constitutes a second degree misdemeanor

__**Fines and Punishments Based upon Grading:**__ - Murder/ 1st degree homicide- No jail limit, $50,000 fine. - Felony 1st degree- No more than 20 years in prison, $25,000 fine. - Felony 2nd degree- No more than 10 years, $25,000 fine. - Felony 3rd degree- No more than 7 years, $15,000 fine. - Misdemeanor 1st degree- No more than 5 years, $10,000 fine. - Misdemeanor 2nd degree- No more than 2 years, $5,000 fine - Misdemeanor 3rd degree- No more than 1 year, $2,500 fine. - Summary Offense- No more than 90 days, $300 fine.

__**Offenses in Theft & Robbery and their Definitions**__:

__**Robbery**__ - Robbery is theft along with serious bodily injury, threats that make someone fear immediate bodily injury or some first or second degree felony, or physically taking property from a person no matter how slight. - Grading Robbery: Robbery is normally a first degree felony unless bodily injury in inflicted or threatened to be caused (2nd degree), or you physically take or remove property from someone by force. -Punishment: 1st degree Felony- Up to 20 years in prison and up to a $25,000 fine. 2nd degree Felony- Up to 10 years of prison and up to a $25,000 fine.

__**Robbery of Motor Vehicle**__ - Stealing or taking a motor vehicle from someone when they are present or the presence of anyone in lawful possession of the motor vehicle. - Grading motor vehicle robbery: Third degree felony. - Punishment: 3rd degree Felony- Up to 7 years in prison and up to a $15,000 fine.

- Taking moving property with the intent to take it, or taking or being transferred control of immovable property that is not owned by them, unless entitled to it. - Punishment: 2nd degree Felony- Up to 10 years in prison and up to a $25,000 fine.
 * __Theft by Unlawful Taking or Disposition__**

__**Theft by Deception**__ - Intentionally obtaining or withholding another person's property, this may be through: creating a false impression, preventing information from being acquired that would affect a transaction, or failing to stop a false impression that was previously used. Unless it has no specific significance, or not wanting to deceive. - Punishment: Depends upon value of property.

__**Theft by Extortion**__ - Obtaining or withholding property by threat of committing another criminal offense, accusing someone of an offense, revealing secrets that may lead to public contempt or hatred, to take or withold action as an official or make an official do so, bringing about a strike or boycott not for the benefit of the group, or inflicting non-beneficial harm to the actor. - Punishment: Depends upon value of property.

__**Theft of Property Lost, Mislaid, or Delivered by Mistake**__ - Controlling property that is meant for another that is known to be lost, mislaid, delivered by mistake, or taken for the reason to deprive the rightful owner of it. - Punishment: Second degree Felony- Up to 10 years in prison and up to a $25,000 fine.

__**Receiving Stolen Property**__ - Person is guilty of theft if he intentionally receives, retains, or disposes of movable property of another person knowing that it was stolen, or believed it to have been stolen, unless the property was received, retained, or disposed with intent to restore it to the owner. - Punishment: Second degree Felony- Up to 10 years in prison and up to a $25,000 fine.

__**Theft of Services**__ - Obtaining services that are only for compensation, by deception or threat, by tampering with the public utility meter or measuring tool. Making or operating any unauthorized connection, to distribute through cable or wire, of an electric, telephone, or cable television system. Using any trick to avoid payment for the service. Obtaining or attempting to use an illegal telecommunication or without the consent of the telecommunication service provider. Finally, if you divert payment of such services. - Theft of Services Grading: Summary offense if the value of the service obtained or avoided in less than $50. If more than $50 it is based upon the sentence of the general theft based offenses. - Punishment: No more than 90 days in jail, and up to a $300 fine.

- A person is guilty if they receive property upon agreement and is subjected to make specific payments or disposition and intentionally calls the property their own and fails to make payments. - Punishment: Second degree Felony- Up to 10 years in jail, and up to a $25,000 fine.
 * __Theft by Failure to Make Required Disposition of Funds Received__**

__**Unauthorized use of Automobiles and Other Vehicles**__ - A person is guilty of a second degree misdemeanor of the second degree if he controls the automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle of another. - Punishment: Third degree Felony- Up to 7 years in jail, and up to a $15,000 fine.

__**Retail Theft**__ - Taking or transferring of any displayed merchandise with the intent of depriving the merchant of the full retail value. Altering, transferring, or removing any price label, tag, of identification of value in order to pay for that item at a price less than the retail value. Removing an item for sale from it's container. Destroying any security tag, or price label with the intention of removing the merchant from full retail value. - Grading on retail Theft: A summary offense if it is the first offense and and the value of the stolen goods is less than $150. Second degree misdemeanor when the the offense is the second offense and the value of stolen goods is less than $150. First degree misdemeanor when the offense is the first or second offense and the value of stolen goods is more than $150. It is a felony of the third degree when the offense is the third or later offense, no matter what the value. Felony of third degree if the amount stolen exceed $2,000 or if the stolen goods is a motor vehicle. If the property stolen is a firearm it constitutes a second degree felony. If stealing motor fuel fines are added for the first offense is between 100 and 250 dollars. Second offense is between 250 and 500. Third offense no more than 500. -Punishment: Summary Offense- Up to 90 days in jail and a $300 fine. Felony 2nd degree- No more than 10 years, $25,000 fine. Felony 3rd degree- No more than 7 years, $15,000 fine. Misdemeanor 1st degree- No more than 5 years, $10,000 fine. Misdemeanor 2nd degree- No more than 2 years, $5,000 fine

__**Library Theft**__ - A person is guilty of library theft is if the person conceals the item on themselves or among their belongings of any library or museum material while on the premises of a library or willfully removes library or museum material from a library to convert the item to their own use. - Grading: - Summary offense is first offense with the value of the material is less than $100 - Second degree misdemeanor value of the material is less than $150 - First degree misdemeanor is the value of the material is $150 or more - Third degree felony is a third or subsequent offense, regardless of the value of the material -Punishment: Summary Offense- No more than 90 days in jail, $300 fine. Misdemeanor 2nd degree- No more than 2 years, $5,000 fine. Misdemeanor 1st degree- No more than 5 years, $10,000 fine. Felony 3rd degree- No more than 7 years, $15,000 fine.

__**Unlawful Possession of Retail or Library Theft Instruments**__ - If a person commits a first degree misdemeanor if he knowingly possesses, manufactures, sells, offers sale or distributes in any way a theft detection shielding device. -Punishment: Misdemeanor 1st degree- No more than 5 years in jail, $10,000 fine.

__**Theft of Trade Secrets**__ - Second degree felony: person guilty of using force or violence or by putting fear takes from the person of another any article representing trade secret, or willfully and maliciously accesses any type of network system with the intent to unlawfully obtain an article representing trade secret. - Third degree felony: person guilty if he has intent to wrongfully deprive from the owner the control of trade secret, or with intent to wrongfully use the trade secret for his use, or the use for another. -Punishment: Felony 2nd degree- No more than 10 years in jail, $25,000 fine. Felony 3rd degree- No more than 7 years, $15,000 fine.

__**Theft of Unpublished Dramas and Musical Compositions**__ - A person is guilty of theft if he publishes material for profit, without the consent of the author

__**Theft of Leased Property**__ - Person who obtains personal property under an agreement for the lease of the property is guilty of theft if he intentionally deals with the property as his own. - A person "deals with the property as his own", selling secretes, destroys, converts to his own use. Punishment: Varies on the value of the property being leased.

__**Theft from Motor Vehicle**__ - Theft from a motor vehicle when he unlawfully or attempts to take possession of movable property of another from another motor vehicle - Third degree misdemeanor if the amount was less than $50 - Second degree misdemeanor if the amount was $50 or more, but less than $200 - First degree misdemeanor if the amount was greater than $200 - When offense is a third or subsequent offense within a five-year period, regardless of amount and regardless of the grading of the prior offense, an offense under the section is a third degree felony.

Punishments: Third degree misdemeanor - 1 year, $2,500 Second degree misdemeanor - 2 years, $5,000 First degree misdemeanor - 5 years, $10,000