Pennsylvania considers "Larceny" to be a theft charge --
Theft offenses are consolidated:
§ 3902. Consolidation of theft offenses.
Conduct denominated theft in this chapter constitutes a
single offense. An accusation of theft may be supported by
evidence that it was committed in any manner that would be theft under this chapter, notwithstanding the specification of a different manner in the complaint or indictment, subject only to the power of the court to ensure fair trial by granting a
continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by
surprise.
There are many sections within theft:
3921. Theft by unlawful taking or disposition.
3922. Theft by deception.
3923. Theft by extortion.
3924. Theft of property lost, mislaid, or delivered by mistake.
3925. Receiving stolen property.
3926. Theft of services.
3927. Theft by failure to make required disposition of funds received.
3928. Unauthorized use of automobiles and other vehicles.
3929. Retail theft.
3929.1. Library theft.
3929.2. Unlawful possession of retail or library theft
instruments.
3930. Theft of trade secrets.
3931. Theft of unpublished dramas and musical compositions.
3932. Theft of leased property.
3933. Unlawful use of computer (Repealed).
3934. Theft from a motor vehicle.
§ 3903. Grading of theft offenses.
(a) Felony of the second degree.--Theft constitutes a felony
of the second degree if:
(1) The offense is committed during a manmade disaster, a natural disaster or a war-caused disaster and constitutes a violation of section 3921 (relating to theft by unlawful taking or disposition), 3925 (relating to receiving stolen property), 3928 (relating to unauthorized use of automobiles and other vehicles) or 3929 (relating to retail theft).
(2) The property stolen is a firearm.
(3) In the case of theft by receiving stolen property,
the property received, retained or disposed of is a firearm
and the receiver is in the business of buying or selling
stolen property.
(4) The property stolen is any amount of anhydrous ammonia.
(a.1) Felony of the third degree.--Except as provided in
subsection (a), theft constitutes a felony of the third degree
if the amount involved exceeds $2,000, or if the property stolen is an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle, or in the case of theft by receiving stolen property, if the receiver is in the business of buying or selling stolen property.
(b) Other grades.--Theft not within subsection (a) or (a.1)
of this section, constitutes a misdemeanor of the first degree,
except that if the property was not taken from the person or by threat, or in breach of fiduciary obligation, and:
(1) the amount involved was $50 or more but less than $200 the offense constitutes a misdemeanor of the second
degree; or
(2) the amount involved was less than $50 the offense constitutes a misdemeanor of the third degree.
(c) Valuation.--The amount involved in a theft shall be ascertained as follows:
(1) Except as otherwise specified in this section, value means the market value of the property at the time and place of the crime, or if such cannot be satisfactorily
ascertained, the cost of replacement of the property within a reasonable time after the crime.
(2) Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertainable market value such as some public and corporate bonds and securities, shall be evaluated as follows:
(i) The value of an instrument constituting an evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectible thereon or thereby, such figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.
(ii) The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.
(3) When the value of property cannot be satisfactorily
ascertained pursuant to the standards set forth in paragraphs
(1) and (2) of this subsection its value shall be deemed to
be an amount less than $50. Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Manmade disaster." Any industrial, nuclear or transportation accident, explosion, conflagration, power failure, natural resource shortage or other condition, except enemy action, resulting from manmade causes, such as oil spills and other injurious environmental contamination, which threatens or causes substantial damage to property, human suffering, hardship or loss of life.
"Natural disaster." Any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought, fire, explosion or other catastrophe which results in substantial damage to property, hardship, suffering or possible loss of life.
"War-caused disaster." Any condition following an attack upon the United States resulting in substantial damage to property or injury to persons in the United States caused by use of bombs, missiles, shellfire, nuclear, radiological, chemical or biological means, or other weapons or overt paramilitary actions, or other conditions such as sabotage.
2007-07-22 15:31:38
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answer #1
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answered by Mark 7
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