Legal Question in Criminal Law in Iowa

Re: first degree theft on person

I do not think that as small an amount as that would be chargeable as theft first. Here's the code section.

Theft 1st is a C felony punishable by 10 years imprisonment. Theft 2d is a 5 year D felony. Theft 3d is an aggravated misdemeanor 2 years Theft fourth is a serious misdemeanor 6 months and theft 5th is a 30 day sentence.

First time offenders rarely see jail time.

714.2 DEGREES OF THEFT.

1. The theft of property exceeding ten thousand dollars in value,

or the theft of property from the person of another, or from a

building which has been destroyed or left unoccupied because of

physical disaster, riot, bombing, or the proximity of battle, or the

theft of property which has been removed from a building because of a

physical disaster, riot, bombing, or the proximity of battle, is

theft in the first degree. Theft in the first degree is a class "C"

felony.

2. The theft of property exceeding one thousand dollars but not

exceeding ten thousand dollars in value or theft of a motor vehicle

as defined in chapter 321 not exceeding ten thousand dollars in

value, is theft in the second degree. Theft in the second degree is

a class "D" felony. However, for purposes of this subsection, "motor

vehicle" does not include a motorized bicycle as defined in section

321.1, subsection 40, paragraph "b".

3. The theft of property exceeding five hundred dollars but not

exceeding one thousand dollars in value, or the theft of any property

not exceeding five hundred dollars in value by one who has before

been twice convicted of theft, is theft in the third degree. Theft

in the third degree is an aggravated misdemeanor.

4. The theft of property exceeding two hundred dollars in value

but not exceeding five hundred dollars in value is theft in the

fourth degree. Theft in the fourth degree is a serious misdemeanor.

5. The theft of property not exceeding two hundred dollars in

value is theft in the fifth degree. Theft in the fifth degree is a

simple misdemeanor.