Theft

In Washington DC, theft is the unauthorized taking of property from another person with the intent to permanently deprive them of it. There are two main categories of theft:

1. Theft first degree: This is a felony offense and applies when the value of the stolen property is greater than $1,000.
2. Theft second degree: This is a misdemeanor offense and applies when the value of the stolen property is $1,000 or less.

Regardless of whether it is classified a misdemeanor of felony theft, the prosecutor must prove three elements beyond a reasonable doubt:

• Ownership: The property in question belonged to another person. The prosecutor needs to establish that the defendant wasn’t the rightful owner of the allegedly stolen item.
• Wrongful Taking or Use: The defendant obtained or used the property without authorization. This can involve physically taking the property, but also using it in a way that the owner didn’t intend or approve of.
• Criminal Intent: The defendant acted with the intent to deprive the owner of the property. This means the prosecutor needs to show the defendant planned to permanently keep the property from the rightful owner. A simple mistake or misunderstanding is not enough for a conviction.

The penalties for theft are determined by whether you are charged with the misdemeanor or felony variety.

Theft first degree is a felony with a maximum penalty is 10 years in jail and a $5,000 fine.

Theft second degree is a misdemeanor with a maximum penalty of 180 days in jail and/or a $1,000 fine.

Shoplifting refers specifically to stealing from a retail establishment. Although there is a separate shoplifting statute, in practice, most shoplifters are charged with either first or second degree theft.

Shoplifting doesn’t require proof that the person actually left the store without paying. It is enough to show they concealed the item with the intent to steal it. Other than that, the prosecutor must prove the same elements for shoplifting as they would for Theft.