What are the Degrees of Theft?

   In Iowa, each type of Theft is not a single crime, but rather five separate crimes.  The five degrees of theft are defined in Iowa Code §714.2, and are largely distinguished by the value of the property stolen.  If the property is under $200 in value, the crime is Theft in the Fifth Degree [Iowa Code §714.2(5)] and is a simple misdemeanor.  If the property is between $200 and $499.99, the crime is Theft in the Fourth Degree [Iowa Code §714.2(4)] and is a serious misdemeanor.  If the property is between $500 and $999.99, the crime is Theft in the Third Degree [Iowa Code §714.2(3)] and is an aggravated misdemeanor.  If the property is between $1000 and $9,999.99, the crime is Theft in the Second Degree [Iowa Code §714.2(2)] and is a Class D Felony.  If the property exceeds $10,000, the crime is Theft in the First Degree [Iowa Code §714.2(1)] and is a Class C Felony.

   However, the value of the property is not the only thing that matters for purposes of classifying a theft.  If a person has been twice convicted of Theft prior, that person can be charged with Theft in the Third Degree regardless of the value of the property.  If a person steals a car, that person can be charged with Theft in the Second Degree regardless of the value (assuming they can establish that the person intended to permanently deprive).  Looting (taking property from the scene of a disaster or riot) is always Theft in the First Degree, regardless of value. 

   If you’ve been charged with any degree of theft, you may need the help of an Iowa Criminal Law Attorney, like those found at Van Cleaf & McCormack Law Firm.  You can call today to schedule a free consultation.