18-2407 — GRADING OF THEFT


                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 24
                                    THEFT
    18-2407.  GRADING OF THEFT. Theft is divided into two (2) degrees, grand
theft and petit theft.
    (1)  Grand theft.
    (a)  A person is guilty of grand theft when he commits a theft as defined
    in this chapter and when the property, regardless of its nature and value,
    is obtained by extortion committed by instilling in the victim a fear that
    the actor or another person will:
         1.  Cause physical injury to some person in the future; or
         2.  Cause damage to property; or
         3.  Use or abuse his position as a public servant by engaging in
         conduct within or related to his official duties, or by failing or
         refusing to perform an official duty, in such manner as to affect
         some person adversely.
    (b)  A person is guilty of grand theft when he commits a theft as defined
    in this chapter and when:
         1.  The value of the property taken exceeds one thousand dollars
         ($1,000); or
         2.  The property consists of a public record, writing or instrument
         kept, filed or deposited according to law with or in the keeping of
         any public office or public servant; or
         3.  The property consists of a check, draft or order for the payment
         of money upon any bank, or a check, draft or order account number, or
         a financial transaction card or financial transaction card account
         number as those terms are defined in section 18-3122, Idaho Code; or
         4.  The property, regardless of its nature or value, is taken from
         the person of another; or
         5.  The property, regardless of its nature and value, is obtained by
         extortion; or
         6.  The property consists of one (1) or more firearms, rifles or
         shotguns; or
         7.  The property taken or deliberately killed is livestock or any
         other animal exceeding one hundred fifty dollars ($150) in value.
         8.  When any series of thefts, comprised of individual thefts  having
         a value  of one thousand dollars ($1,000) or less, are part of a
         common scheme or plan, the thefts may be aggregated in one (1) count
         and the sum of the value of all of the thefts shall be the value
         considered in determining whether the value exceeds one thousand
         dollars ($1,000); or
         9.  The property has an aggregate value over fifty dollars ($50.00)
         and is stolen during three (3) or more incidents of theft during a
         criminal episode. For purposes of this subparagraph a "criminal
         episode" shall mean a series of unlawful acts committed over a period
         of up to three (3) days; or
    10. The property is anhydrous ammonia.
    (2)  Petit theft. A person is guilty of petit theft when he commits a
theft as defined in this chapter and his actions do not constitute grand
theft.