Theft
Arrest exception may applyThe unlawful taking or use of another person's property.
Florida Statute
§ 812.014
Theft
Verified against the 2026 Florida Statutes: September 19, 2026
Warrantless Arrest Authority
Conditional authority—not a blanket exception for every charge on this page. PC means probable cause. Establish probable cause and the applicable facts; open the entry for complete requirements. Arrest authority alone does not authorize entry into a home.
Retail / wholesale theft, farm theft, and transit fare evasion
Required facts
- Probable cause for theft in a retail OR wholesale establishment; OR theft on commercial OR private farm lands of a farmer; OR transit fare evasion.
- Verify the setting and statutory definitions for the selected track.
Limits & qualifications
- §812.015(4) permits an on- or off-premises arrest on probable cause for theft in a retail or wholesale establishment, theft on the specified farm lands, or transit fare evasion.
- Ordinary petit theft outside the covered setting is not automatically included.
Authority
Quick Summary
Theft offenses generally involve knowingly obtaining or using another person's property with the required criminal intent.
Theft Classification & Required Facts
Use the value or qualifying circumstance to identify the charge and the facts that must be established.
Value Thresholds (7)
Petit Theft — Second Degree
Property valued at less than $100, when no higher specific theft rule applies.
Florida Statute § 812.014(3)(a)
Petit Theft — First Degree
Property valued at $100 or more but less than $750, when no higher specific theft rule applies.
Florida Statute § 812.014(2)(f)
Grand Theft — Third Degree
Property valued at $750 or more but less than $5,000.
Florida Statute § 812.014(2)(c)1.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
required
The defendant knowingly obtained or used, or endeavored to obtain or use, the property of another.
Plain language: The defendant knowingly took, used, or attempted to take or use property belonging to someone else.
- Element 2AND — Required
alternative
The defendant did so with intent to either temporarily or permanently deprive the other person of a right to the property or a benefit from the property.
Plain language: The defendant intended to deprive the owner of the property or its benefit.
- Element 3AND — Required
alternative
The defendant acted with intent to appropriate the property to the defendant's own use or to the use of another person not entitled to the property.
Plain language: Alternatively, the defendant intended to use the property for themselves or someone else who was not entitled to it.
Jury Instructions
Jury Instructions
Instruction 14.1
Theft
Florida Standard Jury Instruction in Criminal Cases addressing theft.
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Property
Property includes anything that may be the subject of ownership and may be obtained or used within the meaning of the theft statute.
Obtain or Use
To obtain or use property includes conduct defined by Florida law concerning the acquisition, possession, transfer, or exercise of control over property.
Deprive
The intent required for theft includes the intent to temporarily or permanently deprive the owner of a right to the property or a benefit from the property.
Appropriate
Theft may involve appropriating property to the defendant's own use or to the use of another person not entitled to the property.
Additional Notes
Additional Notes
Quick Reference
Theft requires proof that the defendant knowingly obtained, used, or endeavored to obtain or use another person's property with the required intent to deprive or appropriate.
Classification
The degree of theft depends on statutory value thresholds and, in some circumstances, the type of property or other qualifying circumstances.
Value Determination
Property value can be critical when determining whether an offense constitutes petit theft or one of the degrees of grand theft. Document the basis for the property's value.
Official Source
Always verify the current version of Florida Statute § 812.014 and applicable jury instructions before relying on a classification or charging determination.
Victim Age 65+ Consequences
For a theft conviction involving more than $1,000 from a person 65 or older, § 812.0145(1) requires restitution and up to 500 hours of community service in addition to any fine or sentence. The age-based reclassification requires that the offender knew or had reason to believe the victim was 65 or older.