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Pennsylvania Theft Offense

Pennsylvania Theft Offenses

Banks Law Group represents individuals charged with Retail Theft, Theft of Services, Theft by Deception, Bad Checks, Receiving Stolen Property, Burglary, Robbery, Theft by Unlawful Taking in Gettysburg PA, Reading PA, Doylestown PA, West Chester PA, Bloomsburg PA, Carlisle PA, Harrisburg PA, Media PA, Mifflintown PA, Lancaster PA, Lebanon PA, Allentown PA, Wilkes-Barre PA, Williamsport PA, Stroudsburg PA, Norristown PA, Danville PA, Easton PA, Sunbury PA, Pottsville PA, Middleburg PA, Laporte PA, Lewisburg PA, York PA.

Retail Theft

Under the Pennsylvania 18 Pa. C.S. 3929, it is illegal to take merchandise or cause the merchandise to be removed from the store without paying; altering or destroying any price tag or marker in an attempt to pay less than the marked value; removing the product from its original container, display, or packaging; acting as a cashier would and under-ringing up the product; or destroys any security or inventory control mechanism. All of the above must be done with the intent to deprive the merchant of the benefit of the product or paying full value.  

It is important to note that the Pennsylvania Retail Theft statute creates a presumption that if an individual intentionally conceals on their person or on the person of another, either inside or outside of the store, it shall constitute a “prima facie” presumption that the individual intended to deprive the merchant of the benefit of the product or paying full value.

Theft of Services

Under Pennsylvania Law 18 Pa. C.S. 3926, a person is guilty of theft of services if he intentionally obtains services, for himself or for another, that they know are available for compensation by the use of deception of threat, or by false token or other trick or artifice to avoid payment for the service.

Theft by Deception

Under Pennsylvania Law 18 Pa. C.S. 3922, an individual is guilty if they intentionally obtains or withholds the property of another via deception. Under this section deception can be achieved by

  1. Creates or reinforces a false impression, including an impression as to law, value, intention, or other state of mind;
  2. Prevents another from acquiring information that would affect his judgment of a transaction; or
  3. Fails to correct a false impression that he previously created or reinforced or that he knows to be influencing another with whom he stands in a fiduciary or confidential relationship.

Bad Checks

Under Pennsylvania Law 18 Pa. C.S. 4105, a person is guilty when they issue or passes a check for payment and knows that the check will not be honored.

Receiving Stolen Property

Under Pennsylvania Law 18 Pa. C.S. 3925, an individual will be guilty if they intentionally receive, retain, or dispose of property (movable) of another, knowing or believing that the property has been stolen.

Burglary

Under Pennsylvania Law a person is guilty of burglary if they enter a building or occupied structure of another with the intent to commit a crime therein. Essentially, an occupied structure means or includes any structure, vehicle, or place adapted for overnight accommodation or for carrying on business within.

Robbery

Under Pennsylvania Law a person is guilty of robbery if during the course of committing a theft, they:

  1. Inflicts bodily injury upon another;
  2. Threatens another with, or intentionally puts him in fear of an immediate bodily injury;
  3. Physically takes or removes property from the person of another by force, however slight;
  4. Commits or threatens immediately to commit a first or second degree felony; or
  5. Takes or removes the money of a financial institution’s employee, with the intent to deprive the financial institution thereof.

Theft by Unlawful Taking

Under Pennsylvania Law 18 Pa. C.S. 3921, theft by unlawful taking is separated into two categories, movable and immovable property. With respect to movable property a person is guilty if they intentionally takes, or exercises control over, movable property of another with the intent to deprive the other of the property. With respect to immovable property a person is guilty if illegally transfers or exercises control over the property or any interest therein with the intent to deprive the other of the property.

If you are facing a Retail Theft, Theft of Services, Theft by Deception, Bad Checks, Receiving Stolen Property, Burglary, Robbery, Theft by Unlawful Taking charge and are in need of an experience Retail Theft, Theft of Services, Theft by Deception, Bad Checks, Receiving Stolen Property, Burglary, Robbery, Theft by Unlawful Taking and are in need of a defense attorney or Theft defense law firm, please do not hesitate to contact us Banks Law Group at 844-815-9632 and speak with one of our trusted Theft criminal lawyers.