New York Petty Theft and Other Theft Laws

Defining Theft Under New York Law

New York criminal laws use the term “larceny” to describe theft laws. In New York, larceny occurs when a person “wrongfully takes, obtains or withholds” property from its rightful owner, with the intent to deprive the owner of such property. (N.Y. Penal Law § 155.05.)

New York laws also identify a number of specific methods of committing larceny, including:

• larceny by trick or embezzlement
• obtaining property by false pretenses
• acquiring lost property
• issuing a bad check, or
• taking property by extortion. (Penal Law § 155.05.)

Classification of Theft Offenses and Penalties in New York

Like most states, New York classifies a theft or larceny crime according to the monetary value of the property involved. Let’s take a closer look at how larceny crimes are defined and penalized under New York law.

Theft as Petit Larceny. The lowest-level theft offense in New York is called "petit larceny," or petty theft, which is the unlawful taking of property or services valued at no more than $1,000. New York law classifies petit larceny as a class A misdemeanor. (N.Y. Penal Law § 155.25.)

A sentence for conviction of a class A misdemeanor in New York may include imprisonment for a term not to exceed one year and a fine not to exceed $1,000. (Penal Law § 70.15, § 80.05(1).)

Theft as Grand Larceny in the Fourth Degree. If the value of the property or services stolen exceeds $1,000 -- or if the property is a firearm, motor vehicle, credit/debit card, or a few other specific types of property -- the offense is grand larceny in the fourth degree, a class E felony under New York law. (N.Y. Penal Law § 155.30.)

Conviction of a class E felony in New York carries a potential sentence of imprisonment for a term not to exceed four years, and a fine not to exceed the greater of $5,000 or double the amount of the offender's gain from the theft. (Penal Law § 70.00(2)(e), § 80.00(1).)

Theft as Grand Larceny in the Third Degree. If the value of the property or services stolen exceeds $3,000 -- or if the property is an automated teller machine or its contents -- the offense is grand larceny in the third degree, a class D felony in New York. (N.Y. Penal Law § 155.35.)

A sentence for conviction of a class D felony will include imprisonment for a term not to exceed seven years, and a fine not to exceed the greater of $5,000 or double the amount of the offender's gain from the theft. (Penal Law § 70.00(2)(d), § 80.00(1).)

Theft as Grand Larceny in the Second Degree. If the value of the property or services stolen exceeds $50,000, or if the offender obtains the property through certain types of extortion, the offense is grand larceny in the second degree, a class C felony. (N.Y. Penal Law § 155.40.)

The potential sentence for a class C felony in New York is imprisonment for a term not to exceed 15 years, and a fine not to exceed $15,000. (Penal Law § 70.00(2)(c), § 80.00(1).)

Theft as Grand Larceny in the First Degree. If the value of the property or services stolen exceeds one million dollars, the offense is grand larceny in the first degree, a class B felony. (N.Y. Penal Law § 155.42.)

The sentence for a class B felony in New York includes imprisonment for a term not to exceed 25 years, and a fine not to exceed $30,000. (Penal Law § 70.00(2)(b), § 80.00(1).)

Civil Penalties for Theft in New York

In addition to criminal penalties for larceny (as described above), a person who commits shoplifting in New York (or the parent or legal guardian of a minor who commits shoplifting) may be held civilly liable to the store owner or merchant for the following:

• the retail price of the merchandise, if not returned in a sellable condition, in an amount not to exceed $1,500, plus
• a penalty not to exceed the greater of five times the retail price or $75, with a cap of $500. (N.Y. Gen. Oblig. Laws § 11-105.)