Code of Alabama
Ala. Code § 13A-8-5 (2026)
Theft of Property in the Fourth Degree.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) The theft of property which does not exceed five hundred dollars ($500) in value and which is not taken from the person of another constitutes theft of property in the fourth degree.
(b) Theft of property in the fourth degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §3204; Acts 1978, No. 770, p. 1110; Acts 1992, 2nd Ex. Sess., No. 92-682, p. 68, §2; Act 2003-355, p. 962, §1; Act 2015-185, §2.)
Notes of Decisions
Cited in 36
cases (3 in the last 5 years), 1984–2025 · leading case: Virgil Lee Brownlee v. Michael Haley, 306 F.3d 1043 (11th Cir. 2002).
Virgil Lee Brownlee v. Michael Haley, 306 F.3d 1043 (11th Cir. 2002). “Despite not hearing about that one conviction, the jury knew about Goodgame’s two other convictions for theft of property in the third degree, in violation of Ala. Code § 13A-8-5, his participation in the Jodie’s Lounge robbery, and the fact that he was testifying pursuant to a…”
Mitchell v. State, 579 So. 2d 45 (Ala. Crim. App. 1991). “See Ala.Code § 13A-8-5 (1975). In determining whether an out-ofstate conviction may be used to enhance punishment under Alabama's Habitual Felony Offender Act, it is the conduct upon which the foreign conviction is based which must be considered and not whether the foreign…”
Woodard v. Town of Oakman, 970 F. Supp. 2d 1259 (N.D. Ala. 2013). “” Ala. Code § 13A-8-5(a). The term “theft of property” is a term of art defined to punish a number of acts, including a person who “[k]nowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property.”
Russell v. State, 272 So. 3d 1134 (Ala. Crim. App. 2017). “37 Russell was sentenced to 180 days in the Anniston municipal jail, and that sentence was split so that Russell could serve 60 days in jail followed by unsupervised probation; therefore, Russell had a right to *1195 counsel in that case.”
Ringstaff v. State, 480 So. 2d 50 (Ala. Crim. App. 1985). “However, the evidence supports a finding that Ringstaff committed the misdemeanor offense of theft of property in the third degree in violation of Alabama Code 1975, § 13A-8-5. This served as a proper ground upon which to revoke Ringstaff's probation.”
Smith v. State, 665 So. 2d 1002 (Ala. Crim. App. 1995). “The appellant, Don Smith, was convicted of theft of property in the third degree, a violation of Ala.Code 1975, § 13A-8-5. He was given a twelve-month suspended sentence and was ordered to pay $250 in restitution, $25 to Alabama crime victim's compensation fund, court costs, and…”
Phillips v. State, 65 So. 3d 971 (Ala. Crim. App. 2010). “Theft of property in the third degree, a violation of § 13A-8-5, Ala.Code 1975, for various items stolen from Pleasant Home School (count XIX of the indictment).”
Ex Parte Scott, 460 So. 2d 1371 (Ala. 1984). “As the state correctly points out, third degree theft, Code 1975, § 13A-8-5, which consists of the theft of property which does not exceed $100 in value and which is not taken from the person of another, is a lesser included offense of second degree theft.”
Hill v. State, 71 So. 3d 1 (Ala. Crim. App. 2008). “On April 4, 2007, William Franklin Hill entered a guilty plea and was convicted of first-degree theft of property, a violation of § 13A-8-5, Ala.Code 1975. He was sentenced as a three-time habitual offender to 20 years' imprisonment, to be served in the custody of the Montgomery…”
Ex Parte Hill, 71 So. 3d 3 (Ala. 2009). “William Franklin Hill was indicted for theft of property in the first degree, see § 13A-8-5, Ala.Code 1975. On April 4, 2007, Hill entered a plea of guilty to the *5 charge.”
Young v. State, 892 So. 2d 988 (Ala. Crim. App. 2004). “Code 1975, and theft of property in the third degree, a violation of § 13A-8-5, Ala.Code 1975. He was sentenced as a habitual offender to 30 years’ imprisonment on the robbery conviction, and 1 year’s imprisonment on the theft conviction.”
Lawrence v. State, 953 So. 2d 431 (Ala. Crim. App. 2006). “[ 1 ] Thus, petitioner *433 should have been convicted and sentenced for the misdemeanor of theft of property in the third degree as defined in § 13A-8-5, Ala.Code 1975, instead of the Class C felony of theft in the second degree as defined in § 13A-8-4(g), Ala.”
— Ala. Code § 13A-8-5(a) — 5 cases
Woodard v. Town of Oakman, 970 F. Supp. 2d 1259 (N.D. Ala. 2013). “” Ala. Code § 13A-8-5(a). The term “theft of property” is a term of art defined to punish a number of acts, including a person who “[k]nowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property.”
D.K.T. v. State, 886 So. 2d 175 (Ala. Crim. App. 2003).
S.S.S. v. State, 662 So. 2d 1211 (Ala. Crim. App. 1994).
Brown v. Carter (INMATE 3) (M.D. Ala. 2019).
— Ala. Code § 13A-8-5(b) — 1 case
Brown v. Carter (INMATE 3) (M.D. Ala. 2019).
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