Pennsylvania Theft by Unlawful Taking: Grades and Restitution

Penalties for theft by unlawful taking in Pennsylvania run from a third-degree misdemeanor with up to a year in jail for property worth less than $50, all the way to a first-degree felony punishable by up to 20 years in state prison when the value reaches $500,000 or more. The dollar amount does most of the work in setting the grade, but the type of property, how it was taken, and whether multiple thefts are combined can push a charge several steps higher than the value alone would suggest. Every conviction also carries mandatory restitution to the victim on top of any fine.

What the Prosecution Has to Prove

Under 18 Pa. C.S. § 3921, a conviction for movable property requires proof that you took or exercised unlawful control over someone else’s belongings with the intent to deprive them of that property. For immovable property such as land, the prosecution must instead show that you transferred or took control of the property, or an interest in it, with the intent to benefit yourself or someone else who had no right to it.¹

“Deprive” has a specific meaning here. It covers withholding property permanently, or long enough to strip away most of its economic value, holding property with a plan to return it only if the owner pays a reward, or disposing of it so that recovery is unlikely.² You do not have to intend to keep something forever for a taking to qualify.

How Dollar Value Sets the Grade

Section 3903 lays out a ladder that ties the offense grade to the amount involved. Assuming the property was not taken from someone’s person, obtained by threat, or stolen through a breach of fiduciary duty, the misdemeanor tiers are:³

Third-degree misdemeanor: less than $50.
Second-degree misdemeanor: $50 or more but less than $200.
First-degree misdemeanor: $200 up to $2,000.

The felony tiers pick up above $2,000, and several types of property push the grade higher on their own regardless of the amount:³

Third-degree felony: more than $2,000, or any motor vehicle (car, motorcycle, motorboat, airplane, or other motor-propelled vehicle).
Second-degree felony: $100,000 or more but less than $500,000; a firearm; anhydrous ammonia; or a theft committed during a declared disaster.
First-degree felony: $500,000 or more.

Stealing a firearm worth $300 is a second-degree felony, while stealing $300 in cash is a first-degree misdemeanor. The property type overrides the value.

When the Grade Jumps Regardless of Value

Some circumstances bump the charge straight to a first-degree misdemeanor even if the amount is trivial. That applies when property is taken directly from a person, obtained by threat, or stolen through a breach of fiduciary duty.³ A pickpocket who takes $20 lands at the same grade as someone who embezzles $1,500 from a trust.

Aggregating Multiple Thefts

Prosecutors can combine the value of separate thefts committed as part of a single scheme or ongoing course of conduct, even when the victims are different people.² Four separate $500 thefts from four victims can be charged as a single $2,000 felony rather than four misdemeanors. An employee who skims small amounts from a register over months can face one charge based on the total.

Jail Time and Fines by Grade

Pennsylvania sets a maximum sentence for each grade, and the judge works within that ceiling. For misdemeanor theft, the caps are:⁴

Third-degree misdemeanor: up to 1 year in jail and a fine of up to $2,500.
Second-degree misdemeanor: up to 2 years in jail and a fine of up to $5,000.
First-degree misdemeanor: up to 5 years in jail and a fine of up to $10,000.

The fine ceilings come from 18 Pa. C.S. § 1101.⁵

Felony grades carry substantially longer terms:⁶

Third-degree felony: up to 7 years in prison and a fine of up to $15,000.
Second-degree felony: up to 10 years in prison and a fine of up to $25,000.
First-degree felony: up to 20 years in prison and a fine of up to $25,000.

One provision catches many defendants off guard. When the theft produced a profit, the court can impose a fine of up to double the gain from the offense, even if that figure exceeds the normal grade maximum.⁵ Embezzling $50,000 from an employer can trigger a fine of up to $100,000 on top of the statutory felony ceiling.

Restitution to the Victim

A fine paid to the government is separate from what you owe the person you stole from. Pennsylvania law requires the court to order full restitution whenever property has been stolen or its value substantially reduced as a direct result of the crime.⁷ The statute uses “shall,” so the judge must impose restitution regardless of your current ability to pay.

The court sets the total amount and the payment method at sentencing, which can be a lump sum, monthly installments, or another schedule. The amount is not reduced because the victim received insurance money or a payout from the Crime Victim’s Compensation Board. Instead, you are ordered to reimburse those third parties for what they already covered.⁷ A court cannot jail you for missing restitution payments if the failure is genuinely because you cannot afford them, rather than a refusal to pay.

How Long the Prosecution Has to Charge You

Under 42 Pa. C.S. § 5552, every grade of theft under §§ 3921 through 3933 must be charged within five years of the date of the offense.⁸ The clock runs from when the crime was committed, not from when anyone discovered it. Certain circumstances can pause that clock, including leaving Pennsylvania or actively concealing the offense, which is why long-running embezzlement schemes sometimes produce disputes over exactly when the limitations period started.

Sealing a Theft Conviction Later

A conviction does not have to stay visible on your record indefinitely. Pennsylvania’s Clean Slate law allows certain theft records to be sealed from public view. Second- and third-degree misdemeanor convictions can be sealed automatically after seven years with no new convictions and all court-ordered financial obligations paid. Third-degree felony theft convictions become eligible for petition-based sealing after ten years, and first-degree misdemeanor theft convictions are eligible for petition-based sealing in most cases.⁹

Sealed records stay hidden from the general public and most employers running background checks, though law enforcement and certain licensing agencies can still see them. Sealing is not the same as expungement, which erases the record entirely. Cases that ended without a conviction, such as dismissals or acquittals, can be sealed after just 30 days. Automatic sealing happens without any filing on your part; petition-based sealing requires you to start the process in the court where the case was decided.

1
Pennsylvania General Assembly. Pennsylvania Code 18 – Section 3921 – Theft by Unlawful Taking or Disposition
2
Pennsylvania General Assembly. Pennsylvania Code Title 18, Chapter 39 – Theft and Related Offenses
3
Pennsylvania General Assembly. Pennsylvania Code 18 – Section 3903 – Grading of Theft Offenses
4
Pennsylvania General Assembly. Pennsylvania Code 18 – Section 1104 – Sentence of Imprisonment for Misdemeanors
5
Pennsylvania General Assembly. Pennsylvania Code 18 – Section 1101 – Fines
6
Pennsylvania Code. 101 Pa. Code 15.66 – Offenses and Penalties
7
Pennsylvania General Assembly. Pennsylvania Code 18 Pa.C.S.A. 1106 – Restitution for Injuries to Person or Property
8
Pennsylvania General Assembly. Pennsylvania Code Title 42, Chapter 55 – Limitation of Time
9
Westmoreland County, PA. Clean Slate/Limited Access