North Dakota Misdemeanor and Felony Theft and Shoplifting Laws

North Dakota's theft statute covers a broad range of prohibited conduct, including theft of property or services, fraud, embezzlement, extortion, receiving stolen property, and shoplifting. Read on to learn how the state defines, classifies, and punishes theft offenses.

What Are Theft Crimes in North Dakota?

In North Dakota, theft occurs when a person knowingly does any of the following with the intent to deprive the owner of their property or services:

• takes or exercises unauthorized control over the property or services of another
• obtains property or services of another by deception or by threat
• diverts services to the benefit of someone not entitled to them, or
• receives or disposes of stolen property.

Types of Theft

North Dakota identifies several specific methods of committing theft, including:

• theft by taking
• theft by extortion or fraud
• embezzlement
• obtaining property or services by false pretenses
• blackmail
• receiving stolen property
• misappropriation of public funds
• theft of lost or misdelivered property
• swindling, and
• misapplication of entrusted property.

Shoplifting is also theft. Skip down below to review penalties for shoplifters.

Key Elements of Theft

While people often associate theft with stealing cars or money, theft encompasses a broad range of conduct and not just tangible property. For instance, it's theft to unlawfully connect to another's TV cable line, dine and dash, or accept and keep a misdelivered package without trying to find its owner. Here are the definitions of property and services that can be stolen.

Property or services. Property includes money, personal (tangible or intangible) or real property, contract rights, or any article, substance, or thing of value. Services refer to labor, professional services, transportation, telephone, mail or other public services, public utilities, hospitality services, admission to exhibitions, and the use of vehicles or other property.

Intent to deprive. When theft involves property, the prosecutor's job isn't necessarily to prove that a defendant intended to keep the property for oneself. Rather, the intent focuses on the loss or deprivation to the owner. A person deprives another of their property in one of three ways by (1) withholding it from the owner permanently or for such an extended period of time that the owner loses a major portion of its economic value or benefit, (2) withholding property with the intent to return it only after receipt of a reward or other compensation, and (3) disposing of the property in a way that makes it unlikely the owner will be able to recover it.

(N.D. Cent. Code §§ 12.1-23-01, 12.1-23-02, 12.1-23-07, 12.1-23-10 (2025).)

How North Dakota Classifies and Punishes Theft Offenses

Like most states, North Dakota classifies its theft offenses according to the monetary value or type of property or services involved. The general tipping point from a misdemeanor to felony theft involves stolen property or services worth more than $1,000. But, in some instances, theft carries felony penalties regardless of value—examples include stealing firearms, vehicles, or drugs.

Class B Misdemeanor Theft

An offender is guilty of a class B misdemeanor if the value of the property or services stolen doesn't exceed $500 and no other special circumstances apply. (Certain circumstances, such as fraud or embezzlement, can lead to harsher charges and convictions.) Class B misdemeanors carry up to 30 days in jail and a $1,500 fine.

Class A Misdemeanor Theft

Class A misdemeanor theft applies to several situations—the most common of which involves stolen property or services when the value is between $501 and $1,000. Stealing property below this threshold can also be a class A misdemeanor, including when the thief holds a fiduciary role in relation to a victim or uses threats to steal property or services.

The punishment for these offenses includes up to 360 days in jail and a $3,000 fine.

Class C Felony Theft

Theft constitutes a class C felony when the value of the stolen property or services is $1,001 to $10,000. Stealing property or services worth $1,000 or less can also be a class C felony if the person used threats, held a fiduciary role, or embezzled in their role of public servant, or if the property was any of the following:

• firearm, ammunition, or explosive
• motor vehicle
• government record, banking instrument, or credit or debit card
• livestock, or
• a prescription drug (involving six or more pills or tablets).

It's also a class C felony to steal property during a riot, with a group of five or more people, or as part of a fencing scheme.

A person who commits a class C felony faces up to five years in prison and a $10,000 fine.

Class B Felony Theft

Theft is a class B felony in North Dakota when:

• the value of the property or services stolen is $10,001 to $50,000, or
• the property is taken through a threat to commit a felony.

A conviction for a class B felony subjects the guilty party to up to 10 years in prison and a $20,000 fine.

Class A Felony Theft

A person who steals property or services exceeding $50,000 in value is guilty of a class A felony, which is punishable by up to 20 years in prison and a $20,000 fine.

(N.D. Cent. Code §§ 12.1-23-05, 12.1-32-01 (2025).)

What Are the Penalties for Shoplifting in North Dakota?

Like many states, North Dakota's shoplifting laws provide for both criminal and civil penalties.

Shoplifting Offenses

Shoplifting crimes involve any attempt to deprive the store owner of property without paying or by paying less than the retail price. These acts can include concealing merchandise (even if they don't make it out of the store), swapping or altering price tags or containers, or using a device to avoid theft detection.

Criminal Penalties for Shoplifting

Shoplifting merchandise worth $500 or less is:

• a class B misdemeanor for a first offense
• a class A misdemeanor for a second or third offense (in 3 years), and
• a class C felony for a fourth or subsequent offense (in 4 years).

Shoplifting offenses involving $501 to $1,000 in merchandise are class A misdemeanors. Possessing or trying to use a coated bag or another device to circumvent a store's security equipment will also be a class A misdemeanor.

It's a class C felony to shoplift merchandise valued at more than $1,000.

Civil Penalties for Shoplifting

On top of criminal penalties, a person who commits shoplifting in North Dakota, or the parent or legal guardian of a minor who commits shoplifting, might have to cough up a lot of money to the store owner in civil court. The law makes the defendant civilly liable to the store owner for the following damages:

• the retail value of the merchandise
• exemplary (extra or punitive) damages of not more than $250
• court costs, and
• reasonable attorneys' fees.

Parents won't be liable if their kid shoplifted for the primary purpose of making their parents pay these penalties.

(N.D. Cent. Code §§ 12.1-23-05, 12.1-23-13, 12.1-32-01, 51-21-05 (2025).)

Talk to a Lawyer

If you've been charged with theft, shoplifting, or a related offense, contact a local criminal defense attorney as soon as possible. An experienced attorney can guide you through the criminal justice system, explain local court rules, and discuss potential defenses for your unique set of facts.