(a) The theft of property between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value, and which is not taken from the person of another, constitutes theft of property in the second degree.
(b) Theft of property in the second degree is a Class C felony.
(c) The theft of a firearm, rifle, or shotgun, regardless of its value, constitutes theft of property in the second degree.
(d) The theft of any substance controlled by Chapter 2 of Title 20 or any amendments thereto, regardless of value, constitutes theft of property in the second degree.
(e) The theft of any livestock which includes cattle, swine, equine or equidae, or sheep, regardless of their value, constitutes theft of property in the second degree.
(Acts 1977, No. 607, p. 812, §3203; Acts 1978, No. 770, p. 1110, §1; Acts 1979, No. 79-471, p. 862, §1; Acts 1992, 2nd Ex. Sess., No. 92-682, p. 68, §1; Act 2003-355, p. 962, §1; Act 2004-627, p. 1421, §1; Act 2006-297, p. 608, §1; Act 2015-185, §2.)
Notes of Decisions
Cited in
119
cases (
6 in the last 5 years), 1981–2026 · leading case:
Ginn v. State, 894 So. 2d 793 (Ala. Crim. App. 2004).
Ginn v. State, 894 So. 2d 793 (Ala. Crim. App. 2004).
· cites it 4× “On January 1, 1980, § 13A-8-4 Ala.Code 1975, provided, in relevant part: "(a) The theft of property which exceeds $100.”
Saffold v. State, 494 So. 2d 164 (Ala. Crim. App. 1986).
· cites it 4× “Appellant, Steven Lawrence Saffold, and a co-defendant, Randy Eugene Futral, were indicted together for theft of property in the second degree in violation of § 13A-8-4, Code of Alabama 1975. [1] Appellant pleaded not guilty, and was tried separately before a jury.”
Ex Parte Scott, 460 So. 2d 1371 (Ala. 1984).
· cites it 5× “Defendant Scott was indicted for violation of Code 1975, § 13A-8-4, theft of property in the second degree, and convicted pursuant thereto in the Circuit Court of Baldwin County.”
Phillips v. State, 65 So. 3d 971 (Ala. Crim. App. 2010).
· cites it 3× “Theft of property in the second degree, see § 13A-8-4, Code of Alabama, for the theft of various items from VFW Post 3454 (count III of the indictment).”
Knotts v. State, 686 So. 2d 431 (Ala. Crim. App. 1995).
· cites it 2× “00, the property of Delbert Parker, with the intent to deprive the owner of the property, in violation of Section 13A-8-4." [4] The pertinent portion of the indictment reads, "William Thomas Knotts .”
Lawrence v. State, 953 So. 2d 431 (Ala. Crim. App. 2006).
· cites it 5× “, A CORPORATION with the intent to deprive the owner of said property, in violation of Section 13A-8-4 of the Alabama Criminal Code, against the peace and dignity of the State of Alabama.”
Pardue v. State, 571 So. 2d 320 (Ala. Crim. App. 1989).
· cites it 2× “00, with the intent to deprive the owner of said property, in violation of Section 13A-8-4 of the Code of Alabama ..”
Hall v. State, 421 So. 2d 1334 (Ala. Crim. App. 1982).
· cites it 4× “Appellant was indicted by the Fall 1980 term of the Lee County Grand Jury for the May 27, 1980, theft of one General truck tire valued at $110 from Tiger Motor Company in Auburn in violation of Ala.Code § 13A-8-4 (Supp.1981). On October 23, 1980, appellant was tried and…”
Hosch v. State, 155 So. 3d 1048 (Ala. Crim. App. 2013).
“Code 1975; and one count of second-degree theft for taking two revolvers from James Clifton, § 13A-8-4, Ala.Code 1975. The cases were tried before a jury beginning on August 14, 2010, and on September 1, 2010, the jury found Hosch guilty of the four charges.”
Thompson v. State, 525 So. 2d 820 (Ala. 1985).
“Code 1975, § 13A-8-4(a). Upon his later conviction for robbery, under the new code, Lidge argued that his sentence as a habitual offender was improper.”
Jennifer Crawford v. State of Alabama., 100 So. 3d 610 (Ala. Crim. App. 2011).
· cites it 2× “The appellant, Jennifer Crawford, was convicted of theft of property in the second degree, a violation of § 13A-8-4(a), Ala. Code 1975, and was sentenced to 10 years in prison, which sentence was suspended and she was placed on three years’ supervised probation.”
Boglin v. State, 840 So. 2d 926 (Ala. Crim. App. 2002).
“Grand jury of said county charges that before the finding of this indictment, Vincent Boglin, whose name is to the grand jury otherwise unknown, did knowingly obtain or exert unauthorized control over one pressure washer, property of Wal-Mart Stores, Incorporated, a corporation,…”
— Ala. Code § 13A-8-4(a) — 15 cases
Ginn v. State, 894 So. 2d 793 (Ala. Crim. App. 2004).
“On January 1, 1980, § 13A-8-4 Ala.Code 1975, provided, in relevant part: "(a) The theft of property which exceeds $100.”
Thompson v. State, 525 So. 2d 820 (Ala. 1985).
“Code 1975, § 13A-8-4(a). Upon his later conviction for robbery, under the new code, Lidge argued that his sentence as a habitual offender was improper.”
Jennifer Crawford v. State of Alabama., 100 So. 3d 610 (Ala. Crim. App. 2011).
“The appellant, Jennifer Crawford, was convicted of theft of property in the second degree, a violation of § 13A-8-4(a), Ala. Code 1975, and was sentenced to 10 years in prison, which sentence was suspended and she was placed on three years’ supervised probation.”
Hall v. State, 421 So. 2d 1334 (Ala. Crim. App. 1982).
“Appellant was indicted by the Fall 1980 term of the Lee County Grand Jury for the May 27, 1980, theft of one General truck tire valued at $110 from Tiger Motor Company in Auburn in violation of Ala.Code § 13A-8-4 (Supp.1981). On October 23, 1980, appellant was tried and…”
Ex Parte Scott, 460 So. 2d 1371 (Ala. 1984).
“Defendant Scott was indicted for violation of Code 1975, § 13A-8-4, theft of property in the second degree, and convicted pursuant thereto in the Circuit Court of Baldwin County.”
— Ala. Code § 13A-8-4(a)(1) — 1 case
— Ala. Code § 13A-8-4(b) — 2 cases
— Ala. Code § 13A-8-4(c) — 2 cases
— Ala. Code § 13A-8-4(d) — 1 case
— Ala. Code § 13A-8-4(e) — 13 cases
Ex Parte Scott, 460 So. 2d 1371 (Ala. 1984).
“Defendant Scott was indicted for violation of Code 1975, § 13A-8-4, theft of property in the second degree, and convicted pursuant thereto in the Circuit Court of Baldwin County.”
— Ala. Code § 13A-8-4(g) — 1 case
Lawrence v. State, 953 So. 2d 431 (Ala. Crim. App. 2006).
“, A CORPORATION with the intent to deprive the owner of said property, in violation of Section 13A-8-4 of the Alabama Criminal Code, against the peace and dignity of the State of Alabama.”
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