Theft of property worth $250 or less

(1) A person commits the offense of theft in the fourth degree if the person commits theft of property or services of any value not in excess of $250. (2) Theft in the fourth degree is a petty misdemeanor. [L 1972, c 9, pt of §1; am L 1986, c 314, §66; am L 2016, c 231, §39] SUPPLEMENTAL COMMENTARY ON §§708-830 TO 708-833 Act 231, Session Laws 2016, amended §§708-831(1), 708-832(1), and 708-833(1) by raising the monetary thresholds for the offenses. The amendments implemented recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015). Act 5, Session Laws 2021, amended §708-831 to provide that the offense of theft in the second degree includes theft of property commonly used to store items of monetary value, including any purse, handbag, or wallet. The legislature found that the Penal Code did not adequately address situations in which an offender takes the property of another that is commonly used to store items of personal or monetary value, including purses, handbags, or wallets. Under existing law, the prosecution was required to prove beyond a reasonable doubt that an accused offender intended to steal real property, such as a purse or wallet, valued in excess of $750 to convict a defendant of theft in the second degree. Commonly, purses and wallets are not valued at more than $750. However, these items often contain personal information of the victim as well as the victim's family, friends, and acquaintances; sensitive medical and financial information; workplace information; photos; and other personal items of sentimental value that may be irreplaceable. Therefore, theft of a purse or wallet can result in mental and emotional hardship beyond any loss of monetary value. The legislature further found that inclusion of the theft of purses, handbags, and wallets under the offense of theft in the second degree could deter potential offenders from committing these acts, thereby increasing public safety. Senate Standing Committee Report No. 1205. Act 147, Session Laws 2021, amended §708-830.5 to provide that the offense of theft in the first degree includes theft of: (1) property from the person of another who is sixty years of age or older; or (2) property or services, the value of which exceeds $750, from a person who is sixty years of age or older; provided that in either case, the age of the property owner is known or reasonably should be known to the person who commits theft. Act 147 also amended §708-831 to provide that the offense of theft in the second degree includes theft of property or services, the value of which exceeds $250, from a person who is sixty years of age or older where the age of the property owner is known or reasonably should be known to the person who commits theft. The legislature found that the rate of crimes targeting seniors in the State had increased in recent years. The legislature further found that senior citizens are especially vulnerable to long-term physical, emotional, and financial harm from criminal acts and that there was a lack of adequate protection against exploitation of senior citizens under existing law. Act 147 more closely aligned certain Penal Code statutes with common elder abuse scenarios to facilitate appropriate responses by law enforcement and prosecutors. Senate Standing Committee Report No. 1212. Act 52, Session Laws 2022, amended §708-831 to include theft of an electric gun, regardless of its monetary value, within the offense of theft in the second degree. The legislature found that the Penal Code did not adequately address the theft of electric guns, which became legal for members of the public on January 1, 2022. The legislature further found that criminals might seek out electric guns since these devices can cause severe pain and completely incapacitate a person and may be used to facilitate a multitude of crimes, including robberies, assaults, sexual assaults, human trafficking, and domestic abuse. The legislature noted that designating the theft of an electric gun, regardless of its value, as a higher degree of theft could have a long-term deterrent effect and create a safer environment for the community. Senate Standing Committee Report No. 3303, House Standing Committee Report No. 779-22. Act 54, Session Laws 2022, amended §708-830.5 to specifically include theft of a motor vehicle or motorcycle in the offense of theft in the first degree. The legislature found that most motor vehicle thefts were previously prosecuted under the class C felonies of unauthorized control of a propelled vehicle or theft in the second degree for property the value of which exceeds $750, with a maximum penalty of up to $10,000 and five years of imprisonment for either offense. The legislature further found that there was growing public support for increased penalties for motor vehicle theft to ensure that offenders receive an appropriate sentence that reflects the seriousness of the offense while providing adequate deterrence for future criminal activity. Accordingly, Act 54 elevated the offense of theft of a motor vehicle to a class B felony, with a maximum penalty of up to $25,000 and ten years of imprisonment. Senate Standing Committee Report No. 3560, House Standing Committee Report No. 237-22.