Theft
United States

In the United States, crimes must be prosecuted in the jurisdiction in which they occurred. Although federal and state jurisdiction may overlap, even when a criminal act violates both state and federal law, in most cases only the most serious offenses are prosecuted at the federal level.

The federal government has criminalised certain narrow categories of theft that directly affect federal agencies or interstate commerce. The Model Penal Code, promulgated by the American Law Institute to help state legislatures update and standardise their laws, includes categories of theft by unlawful taking or by unlawfully disposing of property, theft by deception (fraud), theft by extortion, theft by failure to take measures to return lost or mislaid or mistakenly delivered property, theft by receipt of stolen property, theft by failing to make agreed disposition of received funds, and theft of services.

Although many U.S. states have retained larceny as the primary offense, some have now adopted theft provisions.

Grand theft, also called grand larceny, is a term used throughout the United States designating theft that is large in magnitude or serious in potential penological consequences. Grand theft is contrasted with petty theft, also called petit theft, that is of smaller magnitude or lesser seriousness.

Theft laws, including the distinction between grand theft and petty theft for cases falling within its jurisdiction, vary by state. This distinction is established by statute, as are the penological consequences. Most commonly, statutes establishing the distinction between grand theft and petty theft do so on the basis of the value of the money or property taken by the thief or lost by the victim, with the dollar threshold for grand theft varying from state to state. Most commonly, the penological consequences of the distinction include the significant one that grand theft can be treated as a felony, while petty theft is generally treated as a misdemeanor.

In some states, grand theft of a vehicle may be charged as "grand theft auto" (see motor vehicle theft for more information).

Repeat offenders who continue to steal may become subject to life imprisonment in certain states.

Sometimes the federal anti-theft-of-government-property law 18 U.S.C. § 640 is used to prosecute cases where the Espionage Act would otherwise be involved, the theory being that by retaining sensitive information, the defendant has taken a 'thing of value' from the government. For examples, see the Amerasia case and United States v. Manning.
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