§ 841. Theft; class B felony; class D felony; class F felony; class G felony; class A misdemeanor; restitution

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DE ST TI 11 § 841West's Delaware Code AnnotatedTitle 11. Crimes and Criminal ProcedureEffective: July 20, 2012 (Approx. 2 pages)

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§ 841. Theft; class B felony; class D felony; class F felony; class G felony; class A misdemeanor; restitution

DE ST TI 11 § 841West's Delaware Code AnnotatedTitle 11. Crimes and Criminal ProcedureEffective: July 20, 2012 (Approx. 2 pages)

West's Delaware Code Annotated

Title 11. Crimes and Criminal Procedure

Part I. Delaware Criminal Code

Chapter 5. Specific Offenses

Subchapter III. Offenses Involving Property

Subpart D. Theft and Related Offenses

Effective: July 20, 2012

11 Del.C. § 841

§ 841. Theft; class B felony; class D felony; class F felony; class G felony; class A misdemeanor; restitution

Currentness

(a) A person is guilty of theft when the person takes, exercises control over or obtains property of another person intending to deprive that person of it or appropriate it. Theft includes the acts described in this section, as well as those described in §§ 841A-846 of this title.

(b) A person is guilty of theft if the person, in any capacity, legally receives, takes, exercises control over or obtains property of another which is the subject of theft, and fraudulently converts same to the person's own use.

(c)(1) Except where a victim is 62 years of age or older, or an “adult who is impaired” as defined in § 3902(2) of Title 31, or a “person with a disability” as defined in § 3901(a)(2) of Title 12, theft is a class A misdemeanor unless the value of the property received, retained or disposed of is $1,500 or more, in which case it is a class G felony.

(2) Where a victim is 62 years of age or older, or an “adult who is impaired” as defined in § 3902(2) of Title 31, or a “person with a disability” as defined in § 3901(a)(2) of Title 12, theft is a class G felony unless the value of the property received, retained or disposed of is $1,500 or more, in which case it is a class F felony.

(3) Notwithstanding paragraphs (c)(1) and (2) of this section:

a. Where the value of the property received, retained or disposed of is more than $50,000 but less than $100,000, theft is a class D felony;

b. Where the value of the property received, retained or disposed of is $100,000 or more, theft is a class B felony.

(d) Upon conviction, the sentencing judge shall require full restitution to the victim for any monetary losses suffered and shall consider the imposition of community service and/or an appropriate curfew for a minor.

Credits

Added by 58 Laws 1972, ch. 497, § 1. Amended by 60 Laws 1976, ch. 590, § 2; 65 Laws 1986, ch. 497, § 3; 67 Laws 1989, ch. 130, § 8; 69 Laws 1994, ch. 315, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1995, ch. 209, § 1, eff. July 11, 1995; 70 Laws 1996, ch. 364, §§ 1, 2, eff. June 10, 1996; 73 Laws 2001, ch. 126, §§ 10, 11, eff. July 9, 2001; 76 Laws 2007, ch. 98, § 3, eff. July 5, 2007; 77 Laws 2009, ch. 133, § 3, eff. July 8, 2009; 78 Laws 2011, ch. 179, §§ 83-91, 371, eff. Aug. 17, 2011; 78 Laws 2012, ch. 353, §§ 1, 2, eff. July 20, 2012.

Codifications: 11 Del.C. 1953, § 841

11 Del.C. § 841, DE ST TI 11 § 841

Current through ch. 280 of the 152nd General Assembly (2023-2024). Some statute sections may be more current, see credits for details. Revisions to 2024 Acts by the Delaware Code Revisors were unavailable at the time of publication.

End of Document

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