(a) A person is guilty of theft when the person takes, exercises control over or obtains property of another person intending to deprive that person of it or appropriate it. Theft includes the acts described in this section, as well as those described in §§ 841A-846 of this title.
(b) A person is guilty of theft if the person, in any capacity, legally receives, takes, exercises control over or obtains property of another which is the subject of theft, and fraudulently converts same to the person’s own use.
(c) (1) Except where a victim is 62 years of age or older, or an “adult who is impaired” as defined in § 3902 of Title 31, or a “person with a disability” as defined in § 3901(a)(2) of Title 12, theft is a class A misdemeanor unless the value of the property received, retained or disposed of is $1,500 or more, in which case it is a class G felony.
(2) Where a victim is 62 years of age or older, or an “adult who is impaired” as defined in § 3902 of Title 31, or a “person with a disability” as defined in § 3901(a)(2) of Title 12, theft is a class G felony unless the value of the property received, retained or disposed of is $1,500 or more, in which case it is a class F felony.
(3) Notwithstanding paragraphs (c)(1) and (2) of this section:
a. Where the value of the property received, retained or disposed of is more than $50,000 but less than $100,000, theft is a class D felony;
b. Where the value of the property received, retained or disposed of is $100,000 or more, theft is a class B felony.
(d) Upon conviction, the sentencing judge shall require full restitution to the victim for any monetary losses suffered and shall consider the imposition of community service and/or an appropriate curfew for a minor.
11 Del. C. 1953,
§
841;
58 Del. Laws, c. 497,
§
1;
60 Del. Laws, c. 590,
§
2;
65 Del. Laws, c. 497,
§
3;
67 Del. Laws, c. 130,
§
8;
69 Del. Laws, c. 315,
§
1;
70 Del. Laws, c. 186,
§
1;
70 Del. Laws, c. 209,
§
1;
70 Del. Laws, c. 364,
§§
1, 2;
73 Del. Laws, c. 126,
§§
10, 11;
76 Del. Laws, c. 98,
§
3;
77 Del. Laws, c. 133,
§
3;
78 Del. Laws, c. 179,
§§
83-91, 371;
78 Del. Laws, c. 353,
§§
1, 2;
84 Del. Laws, c. 529,
§
2;
Notes of Decisions
Cited in
49
cases (
12 in the last 5 years), 1974–2025 · leading case:
Pitts v. Redman
Pitts v. Redman (1991)
ded · cites it 3×
“§§ 4205(b)(5), 4206(a) (1987). 14 In addition, as a condition to any sentence of imprisonment, the state court is statutorily authorized to direct the Department of Correction not to place a defendant on work release, supervised custody, or furlough.”
State v. Shahan (1975)
delsuperct · cites it 5×
“See 11 Del.C. §§ 841, 842, 843, 844, and 851.”
McCoy v. State (1976)
del · cites it 2×
“See 11 Del.C. § 841. 2 We disagree. There was sufficient evidence to justify the submission of this issue to the jury.”
Stigars v. State (1996)
del
“A person is guilty of robbery in the second degree when, in the course of committing theft, the person uses or threatens the immediate use of force upon another person with the intent to: (1) Prevent or overcome resistance to the taking of the property or to the retention…”
Mullins v. Burtch (In Re Paul J. Paradise & Associates, Inc.) (2000)
ded
“8 This briefing informed the Bankruptcy Court that on November 10, 1997, Paul Paradise, the executive officer and operating officer of P & A, pled guilty to numerous charges, including a count of felony theft, in violation of 11 Del.C. § 841, in which the subject property was…”
United States v. Gordon (2006)
ca3 · cites it 2×
“These are discussed in greater detail below, but they include: • prohibition from taking and exercising control over the County’s resources with the intent of appropriating those resources for personal purposes (11 Del C. § 841(a)); • prohibition from using the authority of…”
Keller v. State (1981)
del
“11 Del.C. § 841 states: "§ 841. Theft; class E felony; class A misdemeanor.”
United States v. Nylere Stanford (2023)
ca3
“” 11 Del. C. § 841(a). Delaware’s second-degree robbery statute incorporated that definition: (a) A person is guilty of robbery in the second degree when, in the course of committing theft, the person uses or threatens the immediate use of force upon another person with intent…”
Harris v. State (1975)
del
“§ 831) and felonious theft (11 Del.C. § 841) on the ground that evidence of his pre-trial “show-up” identification by the victim was tainted by an unnecessarily suggestive confrontation, resulting in denial of due process of law.”
In the Matter of Gielata (2007)
del
“Thereafter, on July 25, 2005, respondent was charged in the Superior Court of the State of Delaware with multiple counts of theft in violation of 11 Del. C. §841 and conspiracy second decree in violation of 11 Del.”
Jones v. Carroll (2005)
ded
“See 11 Del. C. Ann. § 841(a). Second, the jury could infer from the testimony that petitioner’s reference to a gun was intended to threaten his use of force upon the employee and that he made this statement in an effort to overcome her resistance to the taking of the cookies or…”
Reader v. State (1975)
del
“II Defendant, having stolen property belonging to three different owners, was charged with three counts of felony theft under 11 Del.C. § 841 which provides: “A person is guilty of theft when he takes, exercises control over or obtains *747 property of another person intending…”
— 11 Del. C. § 841(a) — 13 cases
United States v. Gordon (2006)
ca3
“These are discussed in greater detail below, but they include: • prohibition from taking and exercising control over the County’s resources with the intent of appropriating those resources for personal purposes (11 Del C. § 841(a)); • prohibition from using the authority of…”
United States v. Nylere Stanford (2023)
ca3
“” 11 Del. C. § 841(a). Delaware’s second-degree robbery statute incorporated that definition: (a) A person is guilty of robbery in the second degree when, in the course of committing theft, the person uses or threatens the immediate use of force upon another person with intent…”
Jones v. Carroll (2005)
ded
“See 11 Del. C. Ann. § 841(a). Second, the jury could infer from the testimony that petitioner’s reference to a gun was intended to threaten his use of force upon the employee and that he made this statement in an effort to overcome her resistance to the taking of the cookies or…”
— 11 Del. C. § 841(b) — 1 case
— 11 Del. C. § 841(c) — 2 cases
Stigars v. State (1996)
del
“A person is guilty of robbery in the second degree when, in the course of committing theft, the person uses or threatens the immediate use of force upon another person with the intent to: (1) Prevent or overcome resistance to the taking of the property or to the retention…”
— 11 Del. C. § 841(c)(1) — 2 cases
— 11 Del. C. § 841(c)(2) — 1 case
— 11 Del. C. § 841(c)(3) — 1 case
— 11 Del. C. § 841(c)(3)(a) — 1 case
— 11 Del. C. § 841(d) — 2 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.