Petty theft is a type of theft, so it’s important to first define the criminal offense of theft or larceny.
Although state laws differ, in general, theft includes:
- taking someone else’s property
- without the consent of the rightful owner
- with the intent to permanently deprive the owner of the use of that property
Theft is divided into two different categories in most states:
- Petty larceny is when the value of the goods is below a certain threshold, such as $500 or $1,000.
- Grand larceny is when the value of the goods is above a certain threshold. In some states, stealing certain property types is also considered grand larceny. Common examples include automobiles or firearms.
Legal Definition
The legal definition of petty theft focuses on the value of the property and sometimes on the types of property or the ways in which the property is taken.
In Oklahoma, for example, Oklahoma Statute Section 21-1701 defines larceny as “the taking of personal property accomplished by fraud or stealth and with intent to deprive another thereof.”
R.L.1910, Section 2654 states that under Oklahoma law, larceny is divided into two degrees: grand larceny and petit larceny. According to Section 21-1704v1, grand larceny occurs when the stolen items are valued at $1,000 or more or when they are taken off someone’s person regardless of value. Finally, under Section 21-1704v2, the law states that “larceny in other cases is petit larceny.”
Meaning of Petty Theft
Petty larceny is simply a theft crime in which the property taken is of low value. It’s normally a misdemeanor offense.