Code of Alabama

Ala. Code § 13A-8-2 (2026)

Theft of Property - Definition; Limitations Period.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) A person commits the crime of theft of property if he or she:

(1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property;

(2) Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property;

(3) Knowingly obtains or exerts control over property in the custody of a law enforcement agency which was explicitly represented to the person by an agent of the law enforcement agency as being stolen; or

(4) Knowingly obtains or exerts unauthorized control over any donated item left on the property of a charitable organization or in a drop box or trailer, or within 30 feet of a drop box or trailer, belonging to a charitable organization.

(b) The limitations period for any prosecution under subdivision (2) of subsection (a) does not commence or begin to accrue until the discovery of the facts constituting the deception, after which the prosecution shall be commenced within five years.

(Acts 1977, No. 607, p. 812, §3201; Act 2003-355, p. 962, §1; Act 2004-297, p. 419, §1; Act 2014-348, p. 1293, §1.)

Notes of Decisions

Cited in 81 cases (1 in the last 5 years), 1980–2026 · leading case: Ex Parte Rosborough III, 909 So. 2d 772 (Ala. 2004).

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Ex Parte Rosborough III, 909 So. 2d 772 (Ala. 2004). · cites it 9× “" Every "interest" payment Rosborough made to his aunt, Sarah Nixon, created or confirmed impressions that were false and prevented Nixon from acquiring information pertinent to the disposition of her property.”

Long v. Slaton, 508 F.3d 576 (11th Cir. 2007). · cites it 2× “Code § 13A-8-11(a)(1); and (2) theft of property in the first degree, see Ala.Code §§ 13A-8-2, 13A-8-3(b). [10] The complaint's only allegation about Sheriff Willis was that he "failed to institute a constitutionally compliant policy governing use of deadly force .”

Saffold v. State, 494 So. 2d 164 (Ala. Crim. App. 1986). · cites it 5× “" In the instant case, appellant is specifically charged in the indictment with knowingly obtaining by deception, control over $165, the property of Voss General Merchandise, *168 with intent to deprive it of its property.”

Nijhawan v. Holder, 557 U.S. 29 (2009). “, Ala. Code §§ 13A-8-2, 13A-8-3, 13A-9-14, 13A-9-14.”

Smith v. State, 665 So. 2d 1002 (Ala. Crim. App. 1995). · cites it 7× “The appellant correctly alleges that the State failed to prove the element of intent to deprive the owner of her property as alleged in the indictment.”

Jennifer Crawford v. State of Alabama., 100 So. 3d 610 (Ala. Crim. App. 2011). · cites it 7× “Code 1975, states: “A person commits the crime of theft of property if he or she: [[Image here]] “(3) Knowingly obtains or exerts control over property in the custody of a law enforcement agency which was explicitly represented to the person by an agent of the law enforcement…”

Chandler v. State, 615 So. 2d 100 (Ala. Crim. App. 1992). · cites it 4× “Theft of property is defined in § 13A-8-2, Code of Alabama 1975, as follows: "A person commits the crime of theft of property if he: "(1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his property; or "(2)…”

Jones v. State, 493 A.2d 1062 (Md. 1985). · cites it 2× “[7] Ala. Code § 13A-8-2 (1975); Alaska Stat. § 11.”

Evans v. State, 508 So. 2d 1205 (Ala. Crim. App. 1987). · cites it 6× “” Ala.Code 1975, § 13A-8-2. Because Evans never “obtain[ed] control over the property” of the State of Alabama, he was guilty of theft by deception, if at all, only by virtue of “accessorial liability” as set out in § 13A-2-23, Code of Alabama 1975.”

Ex Parte Lewis, 811 So. 2d 485 (Ala. 2001). “1982), the Court of Criminal Appeals reversed a conviction for theft of property under § 13A-8-2, Ala.Code 1975, because the indictment failed to state the essential element of "intent to deprive the owner of his property.”

Hagood v. State, 777 So. 2d 162 (Ala. Crim. App. 1998). · cites it 2× “" § 13A-8-2(1), Code of Alabama 1975. (Emphasis added.”

Ex Parte Howard, 710 So. 2d 460 (Ala. 1997). · cites it 2× “"Theft of property" occurs when a person "[k]nowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his property," § 13A-8-2(1). "A person commits the crime of receiving stolen property if he intentionally receives,…”

Show all 81 citing cases →

— Ala. Code § 13A-8-2(1) — 9 cases

Hagood v. State, 777 So. 2d 162 (Ala. Crim. App. 1998). “" § 13A-8-2(1), Code of Alabama 1975. (Emphasis added.”

Ex Parte Howard, 710 So. 2d 460 (Ala. 1997). “"Theft of property" occurs when a person "[k]nowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his property," § 13A-8-2(1). "A person commits the crime of receiving stolen property if he intentionally receives,…”

Smith v. State, 665 So. 2d 1002 (Ala. Crim. App. 1995). “The appellant correctly alleges that the State failed to prove the element of intent to deprive the owner of her property as alleged in the indictment.”

Hays v. State, 518 So. 2d 749 (Ala. Crim. App. 1985).

C.H. v. State, 225 So. 3d 652 (Ala. Crim. App. 2016).

— Ala. Code § 13A-8-2(2) — 16 cases

Chandler v. State, 615 So. 2d 100 (Ala. Crim. App. 1992). “Theft of property is defined in § 13A-8-2, Code of Alabama 1975, as follows: "A person commits the crime of theft of property if he: "(1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his property; or "(2)…”

Ex Parte Rosborough III, 909 So. 2d 772 (Ala. 2004). “" Every "interest" payment Rosborough made to his aunt, Sarah Nixon, created or confirmed impressions that were false and prevented Nixon from acquiring information pertinent to the disposition of her property.”

Evans v. State, 508 So. 2d 1205 (Ala. Crim. App. 1987). “” Ala.Code 1975, § 13A-8-2. Because Evans never “obtain[ed] control over the property” of the State of Alabama, he was guilty of theft by deception, if at all, only by virtue of “accessorial liability” as set out in § 13A-2-23, Code of Alabama 1975.”

Saffold v. State, 494 So. 2d 164 (Ala. Crim. App. 1986). “" In the instant case, appellant is specifically charged in the indictment with knowingly obtaining by deception, control over $165, the property of Voss General Merchandise, *168 with intent to deprive it of its property.”

— Ala. Code § 13A-8-2(3) — 2 cases

Jennifer Crawford v. State of Alabama., 100 So. 3d 610 (Ala. Crim. App. 2011). “Code 1975, states: “A person commits the crime of theft of property if he or she: [[Image here]] “(3) Knowingly obtains or exerts control over property in the custody of a law enforcement agency which was explicitly represented to the person by an agent of the law enforcement…”

Rich v. State, 49 So. 3d 734 (Ala. Crim. App. 2009).

— Ala. Code § 13A-8-2(S) — 1 case

— Ala. Code § 13A-8-2(a) — 1 case

Brannon v. State, 41 So. 3d 833 (Ala. Crim. App. 2008).

— Ala. Code § 13A-8-2(a)(1) — 4 cases

Cubitt v. State, 261 So. 3d 496 (Ala. Crim. App. 2016).

Byner v. State (In re Byner), 270 So. 3d 1162 (Ala. 2018).

— Ala. Code § 13A-8-2(a)(2) — 3 cases

Cubitt v. State, 261 So. 3d 496 (Ala. Crim. App. 2016).

Cooner v. State, 272 So. 3d 206 (Ala. Crim. App. 2018).

— Ala. Code § 13A-8-2(l) — 3 cases

Kellett v. State, 577 So. 2d 915 (Ala. Crim. App. 1990).

Sheffield v. State, 706 So. 2d 1282 (Ala. Crim. App. 1996).

Bain v. State, 484 So. 2d 383 (Ala. 1986).

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