Theft
The unlawful taking or use of another person's property.
Florida Statute
§ 812.014
Theft
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.
Grand Theft — Third Degree
Property valued at $5,000 or more but less than $10,000.
Florida Statute § 812.014(2)(c)2.
Grand Theft — Third Degree
Property valued at $10,000 or more but less than $20,000.
Florida Statute § 812.014(2)(c)3.
Grand Theft — Second Degree
Property valued at $20,000 or more but less than $100,000.
Florida Statute § 812.014(2)(b)1.
Grand Theft — First Degree
Property valued at $100,000 or more.
Florida Statute § 812.014(2)(a)1.
Special Property (15)
Grand Theft — First Degree
A semitrailer deployed by a law-enforcement officer.
Florida Statute § 812.014(2)(a)1.
Grand Theft — First Degree
Cargo valued at $50,000 or more that has entered interstate or intrastate commerce from the shipper's loading platform to the consignee's receiving dock.
Florida Statute § 812.014(2)(a)2.
Grand Theft — Second Degree
Cargo valued at less than $50,000 that has entered interstate or intrastate commerce from the shipper's loading platform to the consignee's receiving dock.
Florida Statute § 812.014(2)(b)2.
Grand Theft — Second Degree
Emergency medical equipment valued at $300 or more, taken from a Chapter 395 licensed facility or from an aircraft or vehicle permitted under Chapter 401.
Florida Statute § 812.014(2)(b)3.
Grand Theft — Second Degree
Law-enforcement equipment valued at $300 or more, taken from an authorized emergency vehicle.
Florida Statute § 812.014(2)(b)4.
Grand Theft — Third Degree
A will, codicil, or other testamentary instrument.
Florida Statute § 812.014(2)(c)4.
Grand Theft — Third Degree
A firearm, unless the prior-grand-theft-firearm rule applies.
Florida Statute § 812.014(2)(c)5.
Grand Theft — Third Degree
A motor vehicle, unless the higher motor-vehicle instrumentality rule applies.
Florida Statute § 812.014(2)(c)6.
Grand Theft — Third Degree
A commercially farmed animal; a registered beekeeper's bee colony; or aquaculture species raised at a certified aquaculture facility.
Florida Statute § 812.014(2)(c)7.
Grand Theft — Third Degree
A fire extinguisher installed in a building for fire prevention and control; this does not include inventory at a point-of-sale business.
Florida Statute § 812.014(2)(c)8.
Grand Theft — Third Degree
At least 2,000 individual pieces of citrus fruit.
Florida Statute § 812.014(2)(c)9.
Grand Theft — Third Degree
Property taken from a designated construction site identified by the required posted sign.
Florida Statute § 812.014(2)(c)10.
Grand Theft — Third Degree
A stop sign.
Florida Statute § 812.014(2)(c)11.
Grand Theft — Third Degree
Anhydrous ammonia.
Florida Statute § 812.014(2)(c)12.
Grand Theft — Third Degree
Any amount of a controlled substance as defined by section 893.02.
Florida Statute § 812.014(2)(c)13.
Dwelling or Curtilage (4)
Petit Theft — First Degree
Property valued at less than $40, taken from a dwelling or its unenclosed curtilage.
Florida Statute § 812.014(2)(e)1.
Grand Theft — Third Degree
Property valued at $40 or more but less than $750, taken from a dwelling or its unenclosed curtilage.
Florida Statute § 812.014(2)(d)1.
Grand Theft — Third Degree
Property valued at $750 or more, taken from a dwelling or its unenclosed curtilage.
Florida Statute § 812.014(2)(d)2.
Grand Theft — Second Degree
Property taken from more than 20 dwellings or unenclosed curtilages, or a combination of them.
Florida Statute § 812.014(2)(d)3.
Prior Convictions (5)
Grand Theft — Second Degree
A firearm, when the offender has a prior conviction for grand theft of a firearm.
Florida Statute § 812.014(2)(g)
Grand Theft — Third Degree
Property valued at less than $40 from a dwelling or its unenclosed curtilage, with exactly one prior theft conviction.
Florida Statute § 812.014(2)(e)2.
Grand Theft — Third Degree
Property valued at less than $40 from a dwelling or its unenclosed curtilage, with two or more prior theft convictions.
Florida Statute § 812.014(2)(e)3.
Petit Theft — First Degree
A person who commits petit theft and has exactly one prior theft conviction.
Florida Statute § 812.014(3)(b)
Grand Theft — Third Degree
A person who commits petit theft and has two or more prior theft convictions.
Florida Statute § 812.014(3)(c)
Reclassification (4)
Grand Theft — First Degree
Any grand theft in which a motor vehicle is used as an instrumentality, other than merely as a getaway vehicle, to assist the theft and real property is damaged.
Florida Statute § 812.014(2)(a)3.a.
Grand Theft — First Degree
Any grand theft in which damage to another person's real or personal property exceeds $1,000.
Florida Statute § 812.014(2)(a)3.b.
Grand Theft — First Degree
Theft otherwise covered by section 812.014(2)(b), when committed during a riot, aggravated riot, or qualifying declared emergency and facilitated by the statutory conditions.
Florida Statute § 812.014(2)(b)
Grand Theft — Second Degree
Theft valued at $5,000 or more but less than $20,000, when committed during a riot, aggravated riot, or qualifying declared emergency and facilitated by the statutory conditions.
Florida Statute § 812.014(2)(c)2.-3.
Coordinated Theft (1)
Grand Theft — Second Degree
A person individually, or with one or more others, coordinates one or more persons in committing theft where the stolen property value exceeds $3,000.
Florida Statute § 812.014(6)
Elements of the Offense
Elements of the Offense
- Element 1
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 2
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 3
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 InstructionImportant 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.