Ohio Misdemeanor and Felony Theft and Shoplifting Laws

Under Ohio law, a person commits theft by taking property or services without authorization and with the intent to deprive the owner of the property or not pay for the services.

Defining Theft in Ohio

Specifically, Ohio criminal statutes prohibit someone from knowingly obtaining or exerting control over someone else's property or services:

• without the consent of the owner (or a person authorized to give consent)
• beyond the scope of the express or implied consent of the owner or person authorized to give consent, or
• by deception, threat, or intimidation.

Theft includes acts commonly referred to as larceny, embezzlement, shoplifting, and extortion.

Because theft can involve property or services, it's important to understand how Ohio defines each category. In Ohio, "property" includes any property, real or personal, tangible or intangible, and any interest or license in that property. "Services" include labor, rental services, public utility services (such as water or electricity), food, drink, transportation, entertainment, and the like.

(Ohio Rev. Code §§ 2901.01, 2913.01, 2913.02 (2025).)

How Ohio Classifies Theft Offenses

Ohio classifies its theft offenses according to the value of the property or services stolen, the type of property, or whether the victim is part of a protected class. Stealing property or services worth $1,000 or more becomes a felony theft offense.

Ohio also makes it a felony to steal certain property (such as vehicles, drugs, and firearms), as well as steal any amount of property from an elderly or disabled adult or a service member. Felony thefts carry penalties that range from a first- to fifth-degree felony. The most serious of these are called aggravated thefts.

What Are the Penalties for Misdemeanor Theft in Ohio?

Theft constitutes a first-degree misdemeanor if stolen property or services have a value of less than $1,000. A person who commits a misdemeanor theft faces up to 180 days in jail and a $1,000 fine.

What Are the Penalties for Felony and Grand Theft in Ohio?

Ohio refers to the next two theft levels as felony theft and grand theft.

Felony Theft

Theft is charged as a fifth-degree felony when one of the following conditions exists:

• the value of stolen property or services is at least $1,000 but less than $7,500
• the property is a credit card or other negotiable instrument, or
• the property is a vehicle license plate.

A fifth-degree felony carries a sentence ranging from 6 to 12 months' imprisonment and a fine of up to $2,500.

Grand Theft

Grand theft can be a third- or fourth-degree felony in Ohio.

It's a fourth-degree felony when:

• the value of property or services stolen is $7,500 or more but less than $150,000
• the offender has a prior felony theft conviction in the past three years, or
• the property is a motor vehicle or a dangerous drug.

An offender guilty of a fourth-degree felony faces 6 to 18 months of jail time and a fine of not more than $5,000.

It's a third-degree felony when:

• the property is a firearm, or
• the property is a dangerous drug and the person has a prior felony drug abuse conviction.

A third-degree felony carries 9 months to 3 years behind bars and a fine of up to $10,000.

What Are the Penalties for Aggravated Theft in Ohio?

Ohio statutes divide aggravated thefts into three separate categories, ranging from first- to third-degree felonies.

Third-Degree Felony

Aggravated theft constitutes a third-degree felony when one of the following conditions exists:

• the value of the stolen property or services is $150,000 or more but less than $750,000
• the offender has two or more prior felony theft convictions in the past three years, or
• the property is anhydrous ammonia, a police dog or horse, or an assistance dog.

A person who commits a third-degree felony theft faces incarceration time ranging from 9 months to 3 years and a fine of up to $10,000.

Second-Degree Felony

Aggravated theft is a second-degree felony when the value of the stolen property or services is $750,000 or more but less than $1,500,000.

Second-degree felony theft carries a prison term ranging from 2 to 12 years and a fine of up to $15,000.

First-Degree Felony

Aggravated theft is a first-degree felony when the value of the stolen property or services is $1,500,000 or more. It's also a first-degree felony to steal a firearm from a federally licensed firearms dealer.

Penalties for a first-degree felony theft include a prison term ranging from 3 to 16½ years and a fine of not more than $20,000.

(Ohio Rev. Code §§ 2913.02, 2913.71, 2929.14, 2929.18, 2929.24, 2929.28 (2025).)

What Are the Penalties for Stealing From a Protected Victim in Ohio?

Ohio imposes harsher penalties when a person steals from a "protected victim," which includes elderly adults (age 65 or older), disabled adults, and active service members and their spouses. The penalties are the same as above, but the threshold amounts differ as noted below.

Fifth-degree felony—steals property or services worth less than $1,000 from a protected victim.

Fourth-degree felony—steals property or services worth $1,000 or more but less than $7,500 from a protected victim; or steals from a protected victim and has a prior felony theft conviction in the past three years.

Third-degree felony—steals property or services worth $7,500 or more but less than $37,500 from a protected victim; or steals from a protected victim and has two or more prior felony theft convictions in the past three years.

Second-degree felony—steals property or services worth $37,500 or more but less than $150,000 from a protected victim.

First-degree felony—steals property or services worth $150,00 or more from a protected victim.

(Ohio Rev. Code §§ 2913.01, 2913.02 (2025).)

Civil Penalties for Theft and Shoplifting in Ohio

In addition to criminal penalties, a person who commits theft—including shoplifting—may be civilly liable to the owner of the property for financial damages. The property owner must elect between the following damages:

• the monetary or retail value of the property stolen, plus between $50 and $150 in liquidated damages, or
• the greater of liquidated damages in the amount of $200 or three times the value of the property.

The court can also award the property owner attorneys' fees and court costs.

(Ohio Rev. Code § 2307.61 (2025).)

Possible Defenses to Theft Charges in Ohio

Defendants facing theft charges may have legitimate defenses they can raise at trial, depending on the facts of their cases.

Mistaken identity. If an eyewitness identifies the defendant as the thief, the defendant might be able to present an alibi or some other evidence to show it's a case of mistaken identity.

Mistake of fact. The mistake of fact defense applies when the defendant didn't know the property belonged to someone else. Say a defendant faced theft charges for stealing an office chair sitting outside an apartment. If the defendant thought that chair had been abandoned (especially if it's large-item garbage pickup day), he could argue he didn't knowingly take another's property.

Intoxication. Defendants who are so intoxicated that they don't realize the property belongs to someone else can raise the defense of intoxication. For example, if Lulu was so drunk at the bar that she took someone else's purse thinking it was her own, she might be able to raise the defense of intoxication.

Claim of right. The claim of right defense, though uncommon, is an argument that the defendant had a reasonable belief in the right to take the property. For example, if Luis owed Kim $100, and Kim took $100 sitting on Luis's counter to collect the debt, Kim might be able to argue a claim of right to the money.

Valuation. A defendant might also be able to argue that the property or services stolen were worth less than what the prosecution claims. This strategy doesn't get rid of the charges, but it could reduce them.

Getting Legal Help

While the information on this page can help you, it's best to have a lawyer protect your rights. Talk to a criminal defense attorney or ask for a public defender as soon as possible—most preferably, before speaking to police or investigators.