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 one 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 one hundred dollars in value is theft in the fifth degree. Theft in the fifth degree is a simple misdemeanor.

Section History: Early form

  [C51, § 2612, 2618; R60, § 4237, 4243, 4247, 4251; C73, § 3902, 3908, 3915; C97, § 4831, 4840, 4846, 4850; S13, § 4850; C24, 27, 31, 35, 39, § 13006, 13016, 13026, 13028; C46, 50, 54, 58, § 709.2, 709.9, 709.19, 710.2; C62, 66, 71, 73, 75, 77, § 709.2, 709.9, 709.19, 709.20, 710.2; C79, 81, § 714.2; 81 Acts, ch 204, § 9]

Section History: Recent form

  83 Acts, ch 134, § 1; 92 Acts, ch 1060, § 1

Internal References

  Referred to in § 481A.147, 714C.4


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