Code of Alabama
Ala. Code § 13A-8-3 (2026)
Theft of Property in the First Degree.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) The theft of property which exceeds two thousand five hundred dollars ($2,500) in value, or property of any value taken from the person of another, constitutes theft of property in the first degree.
(b) The theft of a motor vehicle, regardless of its value, constitutes theft of property in the first degree.
(c)(1) The theft of property which involves all of the following constitutes theft of property in the first degree:
a. The theft is a common plan or scheme by one or more persons; and
b. The object of the common plan or scheme is to sell or transfer the property to another person or business that buys the property with knowledge or reasonable belief that the property is stolen; and
c. The aggregate value of the property stolen is at least one thousand dollars ($1,000) within a 180-day period.
(2) If the offense under this subsection involves two or more counties, prosecution may be commenced in any one of those counties in which the offense occurred or in which the property was disposed.
(d) Theft of property in the first degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §3202; Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1; Act 2006-561, p. 1298, §1.)
Notes of Decisions
Cited in 164
cases (10 in the last 5 years), 1981–2026 · leading case: Fitch v. State, 851 So. 2d 103 (Ala. Crim. App. 2001).
Fitch v. State, 851 So. 2d 103 (Ala. Crim. App. 2001). “Fitch was also convicted of aiding and abetting Harry Edwards, also a public employee, in using his public position to obtain direct personal financial gain, and Fitch was convicted of theft of County funds, a violation of § 13A-8-3, Ala.Code 1975. Fitch has raised 11 issues on…”
Ex Parte Rosborough III, 909 So. 2d 772 (Ala. 2004). “Rosborough, III, whose name is otherwise unknown to the Grand Jury, did knowingly obtain by deception money, lawful currency of the United States, or check(s), or draft(s), or money orders, a better description of all of which is unknown to the Grand Jury, the property of Sarah…”
Life Ins. Co. of Georgia v. Johnson, 701 So. 2d 524 (Ala. 1997). “Ala.Code 1975, § 13A-8-3. The trial judge found in his Hammond order that Life of Georgia's conduct was reprehensible: "The harm which was committed is even more egregious because Life of Georgia refuses to admit or concede any wrongdoing whatsoever and merely [attributes] the…”
Gholston v. State, 57 So. 3d 178 (Ala. Crim. App. 2010). “Code 1975; first-degree ’ theft of property, a violation of § 13A-8-3, Ala.Code 1975; and unauthorized use of a vehicle, a violation of § 13A-8-11, Ala.”
State v. Roffler, 69 So. 3d 225 (Ala. 2010). “We granted the State's petition for a writ of certiorari to determine an issue of first impression: whether in the 21st century an indictment that charges theft of funds in a certain dollar amount, in violation of § 13A-8-3, Ala.Code 1975, but does not designate the medium of…”
Hunt v. Tucker, 875 F. Supp. 1487 (N.D. Ala. 1995). “On December 28, 1992, a grand jury sitting in the Circuit Court of Montgomery County, Alabama, returned a thirteen-count indictment charging Harold Guy Hunt, the then sitting governor of the State of Alabama, with using his office for personal gain in violation of Alabama Code…”
Knotts v. State, 686 So. 2d 431 (Ala. Crim. App. 1995). “00, the property of Carrie Ware, with intent to deprive the owner of the property, in violation of Section 13A-8-3." [6] The pertinent portion of the indictment reads, "William Thomas Knotts .”
Ex Parte Jackson, 836 So. 2d 979 (Ala. 2002). “He was also convicted of first-degree theft of property, see § 13A-8-3, Ala.Code 1975, and on that conviction he was sentenced to life imprisonment as an habitual offender with three prior felony convictions, see § 13A-5-9(c)(2), Ala.”
Strickland v. State, 771 So. 2d 1123 (Ala. Crim. App. 1999). “According to Strickland, the omission allowed the jury to convict him on less than all the elements required under § 13A-8-3, Ala.Code 1975. He cites Weeks v.”
Deardorff v. State, 6 So. 3d 1205 (Ala. Crim. App. 2004). “He was also charged with five counts of theft of funds from Turner’s bank and credit-card accounts, and with two counts of theft for stealing Turner’s car and truck, § 13A-8-3(a), Ala.Code 1975. Deardorff was also charged with one count of receiving stolen property, § 13A-8-17,…”
Taite v. State, 48 So. 3d 1 (Ala. Crim. App. 2009). “CC-07-2006 with theft of property in the first degree, a violation of § 13A-8-3, Ala.Code 1975, and with a violation of the State ethics lawsusing her official position or office for personal gain, a violation of § 36-25-5, Ala.”
Britain v. State, 533 So. 2d 684 (Ala. Crim. App. 1988). “1, Code of Alabama (1975); two counts of theft by deception in the first degree, in violation of § 13A-8-3, Code of Alabama (1975); and four counts of interference with a grand jury witness, in violation of § 12-16-217, Code of Alabama (1975).”
— Ala. Code § 13A-8-3(a) — 21 cases
Deardorff v. State, 6 So. 3d 1205 (Ala. Crim. App. 2004). “He was also charged with five counts of theft of funds from Turner’s bank and credit-card accounts, and with two counts of theft for stealing Turner’s car and truck, § 13A-8-3(a), Ala.Code 1975. Deardorff was also charged with one count of receiving stolen property, § 13A-8-17,…”
Ex Parte Rosborough III, 909 So. 2d 772 (Ala. 2004). “Rosborough, III, whose name is otherwise unknown to the Grand Jury, did knowingly obtain by deception money, lawful currency of the United States, or check(s), or draft(s), or money orders, a better description of all of which is unknown to the Grand Jury, the property of Sarah…”
Ex Parte Fletcher, 849 So. 2d 900 (Ala. 2001).
Fitch v. State, 851 So. 2d 103 (Ala. Crim. App. 2001). “Fitch was also convicted of aiding and abetting Harry Edwards, also a public employee, in using his public position to obtain direct personal financial gain, and Fitch was convicted of theft of County funds, a violation of § 13A-8-3, Ala.Code 1975. Fitch has raised 11 issues on…”
Davis v. State, 875 So. 2d 276 (Ala. 2003).
— Ala. Code § 13A-8-3(b) — 13 cases
Strickland v. State, 771 So. 2d 1123 (Ala. Crim. App. 1999). “According to Strickland, the omission allowed the jury to convict him on less than all the elements required under § 13A-8-3, Ala.Code 1975. He cites Weeks v.”
Newton v. State, 78 So. 3d 458 (Ala. Crim. App. 2009).
Holsclaw v. State, 481 So. 2d 445 (Ala. Crim. App. 1985).
Wilson v. State, 875 So. 2d 1225 (Ala. Crim. App. 2003).
Speights v. State, 522 So. 2d 330 (Ala. Crim. App. 1988).
— Ala. Code § 13A-8-3(c) — 2 cases
Ex Parte Rosborough III, 909 So. 2d 772 (Ala. 2004). “Rosborough, III, whose name is otherwise unknown to the Grand Jury, did knowingly obtain by deception money, lawful currency of the United States, or check(s), or draft(s), or money orders, a better description of all of which is unknown to the Grand Jury, the property of Sarah…”
Bush v. State, 942 So. 2d 392 (Ala. Crim. App. 2005).
— Ala. Code § 13A-8-3(d) — 2 cases
Owens v. State, 39 So. 3d 1183 (Ala. Crim. App. 2009).
White v. State, 27 So. 3d 616 (Ala. Crim. App. 2009).
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